[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Article 59-6. General Development Requirements

[Div.
Editor's7.1.
Note:Site
ArticleAccess
6 of the approved code was Article 7 of ZTA 13-04, as in-

[Div. 7.4. Compatibility standards

Sec. 7.1.1.Article
Intent.
........................................................................................73
troduced.
6 in
ZTA 13-04, as introduced, was included in Article 4 of the
approved
code,
thereby
reducing the total number of Articles by 1. Although all
Sec. 7.1.2. Applicability..............................................................................73
section numbers have been changed, the previous section number is not indicated
Sec. 7.1.3. General Access Requirements.................................................73
as deleted and the new section number is not underlined.

Sec. 7.4.1. Intent......................................................................................725

Sec. 7.1.4. Driveway Access........................................................................73

Sec. 7.4.4. Height Restrictions............................................................... 726

Sec. 7.1.5. Alternative Compliance.......................................................... 73]

Sec. 7.4.5. Screening Requirements....................................................... 726

[Div. 7.2. Parking, Queuing, and Loading

Sec. 7.2.1. Intent........................................................................................ 74
Sec. 7.2.2. Applicability............................................................................. 74

Sec. 7.4.2. Applicability............................................................................725

Sec. 7.4.3. Setback Standards.................................................................725

Sec. 7.4.6. Alternative Compliance....................................................... 730]

[Div. 7.5. General Landscaping and Outdoor

Lighting

Sec. 7.2.3. Calculation of Required Parking........................................... 74

Sec. 7.5.1. Intent....................................................................................... 731

Sec. 7.2.4. Parking Requirements............................................................. 76

Sec. 7.5.2. Applicability............................................................................ 731

Sec. 7.2.5. Vehicle Parking Design Standards........................................712

Sec. 7.5.3. General Landscaping Requirements...................................... 731

Sec. 7.2.6. Bicycle Parking Design Standards.........................................714

Sec. 7.5.4. General Outdoor Lighting Requirements............................ 733

Sec. 7.2.7. Queuing Design Standards.....................................................716

Sec. 7.5.5. Alternative Compliance........................................................ 734]

Sec. 7.2.8. Loading Design Standards.....................................................716

Sec. 7.2.9. Parking Lot Landscaping and Outdoor Lighting.................. 717
Sec. 7.2.10. Alternative Compliance.......................................................718]

[Div. 7.3. Open Space and recreation

Sec. 7.3.1. Intent.......................................................................................719
Sec. 7.3.2. Applicability............................................................................719
Sec. 7.3.3. Allowed and Prohibited Features in Open Space..................719
Sec. 7.3.4. Rural Open Space....................................................................720
Sec. 7.3.5. Common Open Space................................................................722
Sec. 7.3.6. Public Open Space...................................................................723
Sec. 7.3.7. Amenity Open Space.................................................................723
Sec. 7.3.8. Open Space Landscaping and Outdoor Lighting.................. 724
Sec. 7.3.9. Recreation Facilities.............................................................. 724
Sec. 7.3.10 Alternative Compliance....................................................... 724]

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[Div. 7.6. Outdoor Display and Storage

Sec. 7.6.1. Intent......................................................................................735
Sec. 7.6.2. Applicability............................................................................735
Sec. 7.6.3. Design Standards...................................................................735
Sec. 7.6.4. Alternative Compliance....................................................... 736]

[Div. 7.7. Signs

Sec. 7.7.1. Intent....................................................................................... 737
Sec. 7.7.2. Applicability............................................................................ 737
Sec. 7.7.3. Exempt Signs............................................................................ 737
Sec. 7.7.4. Prohibited Signs......................................................................738
Sec. 7.7.5. Measurements.........................................................................739
Sec. 7.7.6. Permanent Signs, In General.................................................741
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Sec. 7.7.7. Agricultural and Rural Residential Zones.......................... 742

Sec. 7.7.8. Residential Zones.................................................................. 742
Sec. 7.7.9. Commercial/Residential, Employment, and Industrial
Zones.......................................................................................................743
Sec. 7.7.10. Urban Renewal Areas...........................................................745
Sec. 7.7.11. Limited Duration Signs..........................................................745
Sec. 7.7.12. Temporary Signs ................................................................. 746]

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Chapter 59: Zoning Code

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.1. Site Access

Section 6.1.1. Intent

Section 6.1.4. Driveway Access

The intent of these site access requirements [are intended] is to ensure safe and
convenient vehicular, bicycle, and pedestrian circulation within and between lots on
the same block face and to [lessen] reduce traffic congestion.

A. Driveway dimensions must satisfy the following table:

Section 6.1.2. Applicability

[The requirements of this Division (Div. 7.1) apply] Division 6.1 [[7.1]] applies to
development in the Residential Multi-Unit, Commercial/Residential, Employment,
Industrial, and Floating zones [where] if:
A. an apartment[/condo], multi use, or general building type is proposed; and
B. a site plan or conditional use approval is required.

Section 6.1.3. General Access Requirements

A. Any development must:
1. [provide safe and efficient means of vehicular, pedestrian, and bicycle ingress and egress] allow a vehicle, pedestrian, or bicycle to enter and exit the
property to and from a street or an abutting site safely; [.]

Zone
R-30, R-20, R-10
One-way
Two-way
CR, CRT, CRN, EOF, LSC, GR, NR
One-way
Two-way
IL, IM, IH

Width (min)

Width (max) Radius (max)

12'
20'

16'
24'

10'
10'

12'
20'

18'
32'

10'
15'

30'

40'

30'

B. The applicable deciding body may require a wider driveway [where] if there is an
unusual traffic, grade, or site [conditions exist] condition.
C. [Where] If on-site parking is accessible from an improved alley with a right-ofway of at least 20 feet in width:[,]
1. access must be from the alley;
2. and new curb cuts along the public right-of-way must be limited, to the
extent practicable.

2. limit vehicle [Vehicle] access across a primary pedestrian, bicycle, or transit

[routes must be limited] route wherever feasible;[.]

D. [For] A maximum of 2 driveways may be permitted for every 300 feet of site
frontage along any street[, no more than 2 driveways are allowed].

3. [Any on-site parking area must be designed to] allow [vehicles] a vehicle to
enter and exit [the] any on-site parking area in a forward motion; and [.]

E. Unless the road is classified as a residential road, [On corner lots where there is
only one driveway and on through lots, vehicular] a vehicle must access a corner
lot with only one driveway or a through lot [must be taken] from the street with
the lower roadway classification [unless the road is classified as a residential
road].

4. [Any] allow a vehicle to access any pad site [must take vehicular access] from
within the site.
B. Land that is located in a Residential Detached zone must not be used for driveway or vehicular access to any land that is not in a Residential Detached zone,
except:
1. in a Historic District; or
2. where such access has been previously approved for a property with [the
Residential Detached-zoned land has] a legally existing nonresidential use[,
and any previous approval allows such access].

[Section 7.1.5. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.1) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;
2. the functional results or performance standards of the requirements are met
or exceeded; and
3. it is in the public interest.]

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.2. Parking, Queuing, and Loading

Section 6.2.1. Intent

Section 6.2.3. Calculation of Required Parking

The intent of the vehicle and bicycle parking, [queueing] queuing, and loading
requirements is to ensure that adequate [and appropriate levels of] parking [are] is
provided in a safe and efficient manner.

The minimum number of vehicle and bicycle parking [requirement] spaces required in all zones is the sum of the number of spaces required for each applicable land use in the tables in [Sec.] Section 6.2.4.B [[7.2.4.B]] and [Sec.] Section
6.2.4.C [[7.2.4.C]], unless the total number is reduced under [Sec.] Section 6.2.3.H.
[[7.2.3.H.]]

Section 6.2.2. Applicability

A. [Off-street parking spaces with adequate provision for ingress and egress by
vehicles must be provided under this Division (Div. 7.2) for any principal building
or structure at the time of construction and when any principal building or structure is enlarged or increased in capacity.] Under Division [[7.2]] 6.2, any use must
provide off-street parking that permits a vehicle to enter and exit the property.
Any change in floor area, capacity, use, or parking design requires recalculation
of the parking requirement under Division [[7.2]] 6.2, and may be subject to a
payment under Chapter 60. The [following are exempt from the required] parking ratios of [this] Division 6.2 [[7.2]] [(Div. 7.2)] do not apply to any:
1. [Any] structure on the National Register of Historic Places; [and] or
2. [Any] expansion or cumulative expansions of less than 500 square feet in
gross floor area or impervious cover.
B. An applicant must not reduce the area of an existing off-street parking facility
below the minimum number of parking spaces required under Division 6.2 [[7.2]]
unless an [An approved] alternative compliance plan is approved [required to
reduce the area of an existing off-street parking facility if the reduction results in
fewer than the minimum required under this Division (Div. 7.2)].
[C. The following building types are exempt from the vehicle parking design standards under Sec. 7.2.5.C and Sec. 7.2.5.E through Sec. 7.2.5.G:
1. Detached house;
2. Duplex; and
3. Townhouse that provides parking on individual lots.]

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A. In General
1. [In determining] To calculate the required number of vehicle and bicycle
parking spaces from the tables in Section 6.2.4 [[7.2.4]], [fractional spaces
are] a fractional space must be rounded up to the nearest whole number.
2. [Where] If the required number of parking spaces [are] is calculated based on
number of employees, the time when the maximum number of employees
[are] is present must be used.
3. [Spaces] A parking space that provides an electric charging station must
count toward the minimum number of parking spaces required [requirement].
4. Any parking space provided for handicapped persons, up to 10 motorcycle/
scooter spaces, and any car-share space count toward the minimum number
of parking spaces required. Car-share spaces do not count against the parking maximum.
5. Any on-street parking space in a right-of-way counts toward the minimum
number of required parking spaces if the space is:
a. not located within a Parking Lot District;
b. abutting or confronting the subject property;
c. constructed by the applicant; and
d. for a Retail/Service Establishment or Restaurant use, or a car-share
space.
Any such space removed by a public agency at a later date is not required to
be replaced on-site.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

B. Handicapped Spaces
The applicant must provide the minimum number of parking [Parking] spaces
required for handicapped persons [must be provided as required by] under State
law. [Handicapped spaces count toward the minimum parking requirement.]

C. Motorcycle/Scooter Parking
Any parking facility [containing] with more than 50 parking spaces must provide
[motorcycle/scooter stalls equal to] at least 2% of the number of vehicle spaces,
up to a maximum requirement of 10, for a motorcycle or scooter; [additional]
more than 10 motorcycle or scooter spaces may be provided but any such additional spaces must not count toward the minimum number of parking spaces
required. [Motorcycle/scooter spaces count toward the minimum parking
requirement.]

D. Car-Share Spaces
1. A parking facility with 50 to 149 parking spaces must have a minimum of one
[One] car-share parking space. [is required for parking facilities with 50 149
parking spaces up to a maximum of 5; additional spaces may be provided.]
One additional car-share parking space is required for each 100 [additional]
parking spaces more than 149, up to a maximum requirement of 5. A parking
facility may provide more car-share parking spaces than required.
2. If the property owner cannot find a [no] car-share organization [can be
found] willing to make use of the spaces, the property owner may use the
spaces for publicly-available parking.[; however, upon] If a County recognized car-share organization notifies the property owner that the organization wants to use the car-share spaces, the property owner must make the
spaces available to the car-share organization within 90 days [advance] after
receiving written [notification] notice of interest[, the property owner must
make the space available to any] from the County recognized car-share
organization.
[3. Car-share parking spaces count toward the minimum parking requirement
but are not counted against the parking maximum.]

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E. Bicycle Parking
1. Long-term bicycle parking spaces are [intended] for residents and employees [parking]. Short-term bicycle parking spaces are [intended] for patrons
and visitors.
2. [Long-term bicycle parking spaces under Sec. 7.2.4.C are indicated as a] Section 6.2.4.C [[7.2.4.C]] shows the percent of total bicycle spaces that must be
for long-term parking.[; the balance] The rest of the bicycle spaces must be
[provided as] short-term spaces.

F. Off-Site Parking by Agreement

[The] An applicant may satisfy the required number of vehicular parking spaces
[requirement may be met] through off-site parking on [if the] property [proposed to be used for parking is] located within mile of the subject property
[and] if the off-site property is plat-restricted, deed-restricted, or is under a joint
use agreement. The plat or deed restrictions must specify that the property provides the required number of parking spaces for a use on another property. The
plat or deed restrictions may be lifted if substitute off-site parking is provided, or
if the use requiring the parking ceases to exist. [The following conditions apply
to a] A joint use agreement must:
1. [A property under a joint use parking agreement must] be for a property
under the control of the involved parties;[.]
2. [A joint use agreement must] be [submitted to] approved by the deciding
body;[.]
3. [The minimum term for the joint use agreement is 5 years] have a minimum
term of 5 years; and[.]
4. [The] require the parties [must agree] to notify DPS [no later than] within 3
days after any changes to the joint use arrangement and provide DPS with a
minimum of one month [notification] notice of any pending termination of
the agreement.
5. If the parking available under a joint use agreement is reduced[, or if the
agreement is terminated,] the use-and-occupancy permit for the develop-

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

ment that was approved in reliance on the joint use agreement must be
amended, or[, if necessary,] revoked, as appropriate, due to [reflect] the
reduced parking[; or] unless an alternative compliance plan [must be] is approved.
6. A property owner must obtain a [change in use or in the joint use agreement
requires a] new use-and-occupancy permit, including [and] proof [that] of
sufficient parking, [will be available] if there is a change in use of the property or in the joint use agreement.

G. Parking [Below the Minimum or Above the Maximum] Minimums

and Maximums [in a Parking Benefit District]
1. Parking Lot District
a. In a Parking [Benefit] Lot District, an applicant may provide fewer
parking [below the minimum number of required parking] spaces than
required, after all adjustments are made under [Sec.] Section 6.2.3.H
[[7.2.3.H]], [may be allowed] if payment is [provided] made under Chapter 60.
b. In a Parking [Benefit] Lot District, [parking above] the maximum number
of allowed parking spaces [may be provided if a payment is made under
Chapter 60 or if all of the spaces provided in excess of the maximum
number allowed are made available to the public and are not reserved
for any particular tenant] is equal to the parking maximum indicated
in the parking table under Section 6.2.4.B [[7.2.4.B]], and may not be
exceeded.

2. Reduced Parking Area

a. In a Reduced Parking Area, an applicant may provide fewer parking spaces than required, after all adjustments are made under Section 6.2.3.H
[[7.2.3.H]], only under Alternative Compliance (see Division 6.8 [[7.8]]).
b. In a Reduced Parking Area, an applicant may provide more parking spaces than allowed by the maximum if all of the parking spaces provided
in excess of the maximum number allowed are made available to the
public and are not reserved, or if approved under Alternative Compliance
(see Division 6.8 [[7.8]]).
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H. Adjustments to Vehicle Parking

1. [All Zones] In General
[In all zones, the vehicle parking requirement may be adjusted as follows:

a. On-Street Space
One on-street parking space constructed by an applicant that is located
within a 1/4 mile of the subject property and in public or private right-ofway may be substituted for one required parking space, as determined
by the applicable deciding body. Any such space removed by a public
agency at a later date is not required to be replaced on-site.

b. Car-Share Space
A car-share space located near an entrance is equal to 2 required parking
spaces for residential uses or 3 required parking spaces for commercial
uses.

c. Special Housing Types

i.

Parking for all MPDUs and workforce housing units may be reduced
by 50% from the baseline rate for the specific unit type.

ii. Age-restricted housing units may be reduced by 75% from the baseline rate for the specific unit type.
iii. Senior housing units may be reduced by 50% from the baseline rate
for the specific unit type.]
a. Reduced parking rates under Section 6.2.3.H [[7.2.3.H ]] are not mandatory. The maximum number of parking spaces allowed in a Parking Lot
District or Reduced Parking Area is based on the baseline maximum in
the parking table under Section 6.2.4.B. [[7.2.4.B.]]
b. Adjustments under Section 6.2.3.H [[7.2.3.H ]] to the minimum number
of required parking spaces must not result in a reduction below 50% of
the baseline parking minimum or shared parking model minimum.

2. Special Uses
a. The parking minimum resulting from a Special Uses adjustment may not
be further reduced by additional adjustments under Section 6.2.3.H

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

b. Restricted Housing Types

The baseline parking minimum in the parking table under Section 6.2.4.B
[[7.2.4.B]] may be reduced for restricted housing types by multiplying
the following adjustment factor times the baseline minimum:
Housing Type
MPDUs and Workforce Housing
Age-Restricted Housing
Senior Housing

Adjustment Factor
0.50
0.75
0.50

c. [d.] Religious Assembly

i.

The deciding body may reduce the required number of parking

spaces:
(a) [i. may be reduced] to 0.15 spaces per fixed seat for a [if the
church, synagogue, or other place of worship is] Religious Assembly located within 500 feet of any commercial or industrial
parking lot where sufficient spaces are available during the time
of services to make up the [additional spaces required.] difference; or
(b) [ii. Any place of worship] to 0.125 per fixed seat for a Religious
Assembly used by a congregation whose religious beliefs prohibit the use of motor vehicles in traveling to or from religious
services conducted on their Sabbath and principal holidays. [is
only required to provide 0.125 spaces per fixed seat; however,
the] The required number of parking spaces [do not have to
be provided on-site] may be off-site if the Religious Assembly
[if such place of worship] is located in a Parking [Benefit] Lot
District or Reduced Parking Area or within 500 feet of any commercial parking lot where sufficient spaces are available during
the time of services or other proposed use of the building.

ii. [iii.] The parking space requirement does not apply to any existing
building or structure located in a Commercial/Residential, Employment, or Industrial zone [which] that is used for [religious purposes]
Religious Assembly, if the existing parking meets [or otherwise

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exceeds] the requirements for any commercial or industrial [uses]

use allowed in the zone.
[[c. The parking minimum resulting from a Special Uses adjustment may not
be further reduced by additional adjustments under Section 7.2.3.H.]]

[3. Agricultural, Rural Residential, Residential, and Industrial Zones

Shared Parking
In addition to the adjustments in Sec. 7.2.3.H.1, in the Agricultural, Rural
Residential, Residential, and Industrial zones, an application with more than
one use may submit a shared parking analysis using the Urban Land Institute
Shared Parking Model (latest edition) rather than using the parking table in
Sec. 7.2.4.B.]

3. Shared Parking
a. An applicant proposing development with more than one use may
submit a shared parking analysis using the Urban Land Institute Shared
Parking Model (Second Edition, 2005) instead of using the parking table
in Section 6.2.4.B. [[7.2.4.B.]]
b. The minimum number of required parking spaces under the shared parking model may be adjusted under Section 6.2.3.H.4 [[7.2.3.H.4]] through
Section 6.2.3.H.6. [[7.2.3.H.6.]]

4. Car-Share Space
One car-share space located near an entrance is equal to 2 required parking
spaces for residential uses or 3 required parking spaces for commercial uses.

5. Unbundled Residential Space

In a Parking Lot District or Reduced Parking Area, if residential parking for
Townhouse Living and Multi-Unit Living is sold or rented separately from
the purchase or lease of a residential unit, the baseline minimum parking
requirement is:
Use
Townhouse Living

Baseline Minimum
0.75

Multi-Unit Living
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom

0.50
0.50
0.75
0.75

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6. Federal Tenants
The minimum number of parking spaces required for Office used by a federal
government tenant under a long-term lease is 1.5 spaces per 1,000 square
feet of Office gross floor area.

7. Adjustments Allowed Only in Commercial/Residential and Employment

Zones
[In addition to the adjustments in Sec. 7.2.3.H.1, in the Commercial/
Residential and Employment zones, vehicle parking may be adjusted as
follows: ]

a. NADMS [Factor] Percentage Goal

i.

[Any applicable] The baseline parking minimum or shared parking

model minimum may be reduced by the Non-Auto Driver Mode
Share (NADMS) [factor as] percentage goal recommended in the
applicable master plan, up to a maximum reduction of 20%. [is
multiplied against the baseline minimum vehicle parking standard
to determine a new minimum vehicle parking standard.]

ii. The baseline maximum vehicle parking standard [remains unaffected] must not be changed by the NADMS [factor] percentage goal.
iii. The NADMS percentage goal adjustment must be calculated before
any other adjustment is taken.

b. Carpool/Vanpool Space
One carpool or vanpool space located near an entrance is equal to 3
required parking spaces. [A sign may indicate that after 9:30 a.m. an unoccupied] A carpool or vanpool space that is unoccupied after 9:30 a.m.
may be made available to all vehicles if a sign is posted on the property
notifying the public.

Use
Townhouse Living

Baseline Minimum
0.75

Multi-Unit Living
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom

0.50
0.50
0.75
0.75]

c. [d.] Bike-Share Facility

[Provision of a] A bike-share facility with a minimum of 10 spaces may
be substituted for 3 vehicle parking spaces if the bike-share facility is
accepted by the Department of Transportation as part of an approved
comprehensive plan of bike-sharing stations.

d. [e.] Changing Facilities - Showers and Lockers

The deciding body may reduce the required number of vehicle parking spaces by 3 spaces for each additional [For every] changing facility
provided above the minimum required under [Sec.] Section 6.2.6.A.4
[[7.2.6.A.4]] [, the vehicle parking requirement may be reduced by 3
spaces]. A changing facility must include a shower and lockers provided
separately for each gender.

Section 6.2.4. Parking Requirements

A. Using the Parking Tables
Uses on the parking table match the allowed uses and use groups in Article 59-3.
The number of required spaces is based on a metric specific to each use, such
as 1,000 square feet of gross floor area (GFA). The number of vehicle [Vehicle]
parking [is also differentiated] spaces required also depends upon whether the
property is located [by site location] in or outside of a Parking [Benefit] Lot District or Reduced Parking Area.

[c. Unbundled Residential Space

In a Parking Benefit District, where residential parking for Townhouse
Living and Multi-Unit Living is sold or rented separately from the
purchase or lease of a residential unit, the baseline minimum parking
requirement is:

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B. Vehicle Parking Spaces

USE or USE GROUP

AGRICULTURAL
Agricultural Auction Facility
Agricultural Processing
Farm Supply, Machinery Sales, Storage, and Service
Nursery
Nursery (Retail)
Nursery (Wholesale)
Slaughterhouse
Winery
Accessory Agricultural Uses
Farm Market, On-site
RESIDENTIAL
Household Living
Single-Unit Living
Two-Unit Living
Townhouse Living
Multi-Unit Living
Group Living
Dormitory
Independent Living Facility for Seniors or Persons
with Disabilities
Personal Living Quarters
Residential Care Facility
Accessory Residential Uses
Attached Accessory Apartment
Detached Accessory Apartment
Dwellings for Caretakers/Watchkeepers
Farm Tenant Dwelling
Home Occupation (Low Impact)
Home Occupation (Major Impact )
Home Health Practitioner (Low Impact)
Home Health Practitioner (Major Impact)
Live/Work Units

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Agricultural,
Rural Residential,
Residential, and
Industrial Zones

Commercial/Residential and Employment Zones

Within a Parking [Benefit] Lot District
or Reduced Parking Area

Outside a Parking
[Benefit] Lot District or
Reduced Parking Area

Metric

Baseline Minimum

Baseline
Minimum

Baseline
Maximum

Baseline
Minimum

1,000 SF of GFA
1,000 SF of GFA
1,000 SF of GFA, excluding storage area

5.00
1.50
5.00

--1.00

--2.00

--2.00

1,000 SF of Sales Area

1,000 SF of Total Floor Area
1,000 SF of GFA
1,000 SF of GFA, and
If the winery conducts public tours

6.00
1.50
1.50
1.50
10.00

3.00
---

6.00
---

6.00
---

--

--

--

Market

3.00

0.00

0.00

3.00

Dwelling Unit

2.00

1.00

2.00

2.00

Efficiency Dwelling Unit

1 Bedroom Dwelling Unit
2 Bedroom Dwelling Unit
3+ Bedroom Dwelling Unit

1.00
1.25
1.50
2.00

1.00
1.00
1.00
1.00

1.00
1.25
1.50
2.00

1.00
1.25
1.50
2.00

Bed

0.25

0.25

0.25

0.25

OR: Dwelling Unit or PLQ

1.00

0.50

1.00

1.00

plus, Employee

0.50

0.50

0.50

0.50

1.00

--

--

--

1.00
1.00
1.00
1.00

1.00
-1.00
1.00

1.00
-1.00
1.00

1.00
-1.00
1.00

1.00
1.00
1.00

1.00
1.00
1.00

1.00
1.00
1.00

1.00
1.00
1.00

--

1.00

1.00

1.00

Accessory Dwelling Unit

(in addition to residential spaces)
Accessory Dwelling Unit
Dwelling Unit
Non-Resident Employee
plus, Each Client Allowed per Hour
(in addition to residential spaces)
Home Health Practitioner
Non-Resident Employee
plus, Each Client Allowed per Hour
(in addition to residential spaces)
Accessory Dwelling Unit

6 9

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Agricultural,
Rural Residential,
Residential, and
Industrial Zones

USE or USE GROUP

CIVIC AND INSTITUTIONAL
Ambulance, Rescue Squad (Private)

Charitable, Philanthropic Institution

Cultural Institution
Day Care Facility

Commercial/Residential and Employment Zones

Within a Parking [Benefit] Lot District
or Reduced Parking Area

Outside a Parking
[Benefit] Lot District or
Reduced Parking Area

Metric

Baseline Minimum

Baseline
Minimum

Baseline
Maximum

Baseline
Minimum

Employee
plus, Each Vehicle Operated in
Connection with the Use
(adequately sized space)
Resident and Employee
OR: 1,000 SF of Recreational GFA
OR: 1,000 SF of Office GFA
1,000 SF of GFA

1.00

0.50

1.00

1.00

1.00

1.00

1.00

1.00

1.00
5.00
4.00
1.25

0.50
1.00
2.00
0.50

1.00
3.50
4.00
2.00

1.00
3.50
4.00
1.25

Family Day Care

Group Day Care

Non-Resident Employee
(in addition to residential spaces)
Required spaces may be allowed on the
street abutting the site

1.00

0.50

1.50

1.00

[Group Day Care]

Day Care Center

1,000 SF of GFA

3.00

3.00

4.00

3.00

Student (Grades 9 - 12)

Employee
1,000 SF of GFA
1,000 SF of GFA
Fixed Seat
OR: 1,000 SF of Assembly Area
Every 7 Persons Legally Permitted to
Occupy Pool

0.25
1.00
[2.50] 1.75
2.50
0.25
20.00

0.15
0.25
[2.50] 1.75
1.50
0.15
10.00

0.25
0.50
5.00
2.25
0.25
14.00

0.25
0.50
[2.50] 1.75
2.25
0.25
14.00

1.00

0.50

1.00

1.00

Employee

[2.50] 1.00
plus 3
[2.50] 1.00

1.00

[2.50] 3.00

1.00

2.50

[2.50] 1.00
plus 3
[2.50] 1.00

2.50

2.00

3.50

2.50

(Minimum of 5)

[(Minimum of 5)] --

--

(Minimum of 5)

10.00

4.00

12.00

4.00

0.33
1.00

0.25
1.00

1.00
1.00

0.33
1.00

1.00

1.00

1.00

1.00

Educational Institution (Private)

Hospital
Private Club, Service Organization
Religious Assembly
Swimming Pool (Community)
COMMERCIAL
Animal Services
Animal Boarding and Care
Veterinary Office/Hospital
Eating and Drinking
Country Inn
Restaurant
Funeral and Interment Services
Cemetery
Crematory
Funeral Home, Undertaker

610

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

Employee
plus, Each Doctor Practicing
Simultaneously
1,000 SF for Patron Use, (excluding outdoor seating area in the Commercial/
Residential and Employment zones)
Capacity of Assembly Area
Employee
plus, Each Vehicle Operated in Connection with the Use

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Agricultural,
Rural Residential,
Residential, and
Industrial Zones

USE or USE GROUP

Landscape Contractor
Lodging
Bed and Breakfast
Hotel, Motel
Medical and Dental
Clinic
Medical, Dental Laboratory
Office and Professional
Life Sciences
Office
Research and Development
Recreation and Entertainment
Adult Entertainment
Campground
Conference Center
Golf Course, Country Club
Health Clubs and Facilities
Recreation and Entertainment Facility
Shooting Range
Retail Sales and Service
Combination Retail
Retail/Service Establishment
Rural Antique Shop
Rural Country Market
Vehicle/Equipment Sales and Rental
Heavy Vehicle Sales and Rental
Light Vehicle Sales and Rental
Vehicle Service
Automobile Storage Lot
Car Wash
Filling Station
Repair
Accessory Commercial Uses
Commercial Kitchen

C h a p t e r 59 : Z o n i n g C o d e
M o n t g o m e r y C o u n t y, M a r y l a n d

Commercial/Residential and Employment Zones

Within a Parking [Benefit] Lot District
or Reduced Parking Area

Outside a Parking
[Benefit] Lot District or
Reduced Parking Area

Baseline Minimum
[1.00] 0.50

Baseline
Minimum
--

Baseline
Maximum
--

Baseline
Minimum
--

1.00

--

--

--

1.00

0.33

1.00

0.50

--

2.00

10.00

6.00

1,000 SF of GFA

4.00

In CRN, NR zones:
2.00
In CRT, CR, GR, EOF,
LSC zones: 1.00

4.00

4.00

1,000 SF of GFA

2.80

2.00

3.00

2.25

1,000 SF of GFA

10.00

1.00

5.00

2.50

OR: Every Seat/Guest Space

0.25

0.25

1.25

0.25

OR: Each Campsite

1.00

1.00

5.00

1.00

OR: Each Court

2.00

2.00

5.00

2.00

1,000 SF of Gross Leasable Area

5.00

3.50

6.00

5.00

1,000 SF of Gross Leasable Area

4.00

1.00

2.50

2.50

1,000 SF of GFA

4.00

1.00

2.50

2.50

Each Kitchen User

1.00

--

--

--

Metric
Employee
plus, Each Vehicle Operated in Connection with the Use
Guest Room (in addition to any
residential spaces) plus,
1,000 SF of Meeting Room, Dining

6 11

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Agricultural,
Rural Residential,
Residential, and
Industrial Zones

USE or USE GROUP

INDUSTRIAL
Animal Research Facility
Dry Cleaning Facility (Up to 3,000 SF)
Dry Cleaning Facility (Over 3,000 SF)
Manufacturing and Production
Artisan Manufacturing and Production
Heavy Manufacturing and Production
Light Manufacturing and Production
Medical/Scientific Manufacturing and Production
Transportation
Bus, Rail Terminal/Station
Warehouse
Freight Movement
Mineral Storage
Storage Facility

Self-Storage

Waste-Related
Recycling Collection and Processing
All Other Industrial Uses Not Specifically Listed,
Except Utilities

612

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

Commercial/Residential and Employment Zones

Within a Parking [Benefit] Lot District
or Reduced Parking Area

Outside a Parking
[Benefit] Lot District or
Reduced Parking Area

Metric

Baseline Minimum

Baseline
Minimum

Baseline
Maximum

Baseline
Minimum

1,000 SF of GFA
1,000 SF of GFA
1,000 SF of GFA

-1.50
1.50

1.00
1.00
--

3.00
3.00
--

1.50
1.50
--

1,000 SF of GFA

1.50

1.00

3.00

1.50

1,000 SF of GFA

1.50

1.00

3.00

1.50

1,000 SF of GFA

1.50

1.00

3.00

1.50

[[1,000]] 10,000 SF of GFA for Storage

Units without Driveway Access

1.00

1.00

3.00

1.00

OR: 1,000 SF of Office Space GFA for

Storage Units with Driveway Access

3.00

1.00

3.00

1.50

plus, Employee

1.00

1.00

1.00

1.00

1,000 SF of GFA

1.50

--

--

--

1,000 SF of GFA

1.50

1.00

3.00

1.50

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

C. Bicycle Parking Spaces

USE or USE GROUP
RESIDENTIAL
Household Living
Multi-Unit Living
Group Living
Dormitory
Independent Living Facility for Seniors or Persons
with Disabilities
Personal Living Quarters
Residential Care Facility
CIVIC AND INSTITUTIONAL
Charitable, Philanthropic Institution
Cultural Institution
Day Care Facility
Group Day Care
Day Care Center
Educational Institution (Private)
Hospital
Private Club, Service Organization
Swimming Pool (Community)
COMMERCIAL
Eating and Drinking
Restaurant
Lodging
Hotel, Motel
Medical and Dental
Clinic
Medical, Dental Laboratory
Office and Professional
Life Sciences
Office
Research and Development
Recreation and Entertainment
Conference Center
Health Clubs and Facilities
Recreation and Entertainment Facility
Retail Sales and Service
Retail/Service Establishment
INDUSTRIAL
Manufacturing and Production
Light Manufacturing and Production
Medical/Scientific Manufacturing and Production
Transportation
Bus, Rail Terminal/Station
C h a p t e r 59 : Z o n i n g C o d e
M o n t g o m e r y C o u n t y, M a r y l a n d

Agricultural, Rural Residential,

Residential, and Industrial Zones

Commercial/Residential and
Employment Zones

Metric

Minimum (Maximum)

% Long-Term

Minimum (Maximum)

% Long-Term

Dwelling Unit
(20+ Units Only)

0.35
(100 max)

95%

0.50
(100 max)

95%

Dwelling Unit
(20+ Units Only)

0.25
(50 max)

95%

0.25
(50 max)

95%

5,000 SF of GFA
10,000 SF of GFA

1.00 (5 max)
0.50 (10 max)

85%
15%

1.00 (5 max)
1.00 (10 max)

85%
15%

15%
85%
15%
15%

1.00
(5 max)
1.00 (50 max)
1.00 (50 max)
1.00 (10 max)
0.50 (25 max)

15%
85%
15%
15%

1.00 (10 max)

15%

1.00 (10 max)

15%

10 Guest Rooms

--

--

1.00 (25 max)

100%

5,000 SF of GFA

0.50
(25 max)

85%

1.00
(25 max)

85%

5,000 SF of GFA

0.50
(100 max)

85%

1.00
(100 max)

85%

10,000 SF of GFA

0.50
(50 max)

15%

1.00
(50 max)

15%

10,000 SF of GFA

0.75 (50 max)

15%

1.00 (50 max)

15%

10,000 SF of GFA

0.50
(15 max)

100%

1.00
(25 max)

100%

100 average daily

riders

3.5
(100 max)

85%

[7] 7.00
(100 max)

85%

5,000 SF of GFA
25,000 SF of GFA
10,000 SF of GFA
5,000 SF of GFA

1.00
(5 max)
1.00 (50 max)
1.00 (50 max)
0.50 (10 max)
1.00 (25 max)

10,000 SF of GFA

5,000 SF of GFA

85%

85%

6 13

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 6.2.5. Vehicle Parking Design Standards

2. A parking space may be reduced by 2 feet in length where the overhang will
not conflict with pedestrian, bicycle, or vehicular circulation.

A. Building Type Exemptions

The vehicle parking design standards under Section 6.2.5.D [[7.2.5.D]] and Section 6.2.5.F [[7.2.5.F]] through Section 6.2.5.H [[7.2.5.H]] do not apply to a:
1. detached house;
2. duplex; or

4. If a column or other obstruction would interfere with opening a car door,

then the minimum stall width of the affected space must be increased by
one foot.

3. townhouse that provides parking on individual lots.

B. [A.] Location
Each required parking space must be within mile of an entrance to the establishment served by such facilities.

C. [B.] Access
Each parking space must have access to a street or alley open to use by the
public. Vehicle access crossing primary pedestrian, bicycle, or transit routes must
be limited wherever feasible.

D. [C.] Marking
1. Any off-street parking area must be arranged and marked to provide for
orderly and safe loading, unloading, parking, and storage of vehicles.
2. Each individual parking space must be clearly [defined] marked, and directional arrows and traffic signs must be provided as necessary for traffic
control.
3. Each space or area for compact parking must be clearly marked to indicate
the intended use.

E. [D.] Size of Spaces

1. Each parking space must [meet] satisfy the following minimum dimensional
requirements:
Parking Angle
Perpendicular
60 to 75 degrees
45 to 59 degrees
Parallel

614

Standard Space
Width
Length
8.5'
18'
10'
12'
7'

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

23'
26.5'
21'

3. Within a Parking [Benefit] Lot District or Reduced Parking Area, up to 20%

of all required spaces may be compact spaces. Outside of a Parking [Benefit]
Lot District or Reduced Parking Area, up to 10% of all required spaces may
be compact spaces.

Compact Space
Width
Length
7.5'
16.5'
8.5'
not allowed
6'

21'
not allowed
19.5'

5. Tandem parking is allowed for dwelling units. Two parking spaces in tandem
must have a combined minimum dimension of 8.5 feet in width by 36 feet
in length. When used for residential purposes, both tandem parking spaces
must be assigned to the same dwelling unit.
6. Valet parking [is allowed as a means of satisfying] may be allowed to satisfy
the parking requirement if [required parking where]:
a. [An] an attendant or mechanized system [is provided] to park vehicles is
available during all business hours of the associated use; and[.]
b. [An equivalent] the number of valet spaces [is available to substitute for
the] equals the number of required parking spaces. Valet spaces do not
require individual striping, and may [take into account] use tandem or
mass parking [and the mass parking] of vehicles.

F. [E.] Drive Aisles

1. [Interior drive aisles have parking stalls along the sides. Entrance and exit
drive aisles have no parking stalls along the sides.] If a drive aisle has parking
stalls along the sides it is an interior drive aisle. A drive aisle with no parking
stalls along the sides is an entrance or exit drive aisle.
2. A drive aisle must have the following minimum width based on the configuration of the adjacent parking spaces and travel direction:
Parking Type
Perpendicular
60 to 75 degrees
45 to 59 degrees
Parallel

One Way
20'

Two Way
20'

18'
16'
10'

20'
20'
20'

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

None

10'

20'

G. [F.] Parking Separation

1. Each parking space must be separated from any road, street, alley, or sidewalk by curbing or wheel stops.
2. Any road, street, alley, sidewalk, or other public right-of-way must be protected from vehicular overhang by wheel stops, curbs, spacing between the
right-of-way line and the parking area, or other method approved by DPS.

H. [G.] Walkways
[Pedestrian walkways or sidewalks must be provided in] An off-street parking
[facilities] facility must have pedestrian walkways or sidewalks as needed for
pedestrian safety. [Such walkways and sidewalks] A pedestrian walkway or
sidewalk must be distinguished by stripes, wheel stops, curbs, or other methods
approved by the applicable deciding body.

I. [H.] Drainage
Any off-street parking facility must be drained to prevent damage to abutting
properties and public streets, and must be constructed of material that will
assure a surface resistant to erosion. All drainage must satisfy the principles of
Environmental Site Design (ESD) as specified in the Stormwater Management
Manual adopted by the County.

J. [I.] Facilities for Conditional Uses in Residential Detached Zones

Any off-street parking facility for a conditional use that is located in a Residential
Detached zone where 3 or more parking spaces are provided must satisfy the
following standards:

1. Location
Each parking facility must be located to maintain a residential character and
a pedestrian-friendly street.

2. Setbacks
[a. For a general building, parking setbacks are established in Article 59-4.]

b. [ii.] The minimum side parking setback equals 2 times the minimum side
setback [that is] required for the detached house.
c. [The following additional] In addition to the required setbacks [must be
provided] for each parking facility:
i.

[i.] [Where 150 to 199 parking spaces are provided,] the required
side and rear parking setbacks must be increased by 5 feet for a
parking facility with 150 to 199 parking spaces; and[.]

ii. [ii.] [Where 200 or more parking spaces are provided,] the required
side and rear parking setbacks must be increased by 10 feet for a
parking facility with more than 199 parking spaces.

K. [J.] Commercial Vehicle Parking for Properties with a Residential Use

1. In General
a. Vehicles and machinery used primarily for Farming may be parked without restriction.
b. Parking of a tow truck with a vehicle attached is prohibited.
c. [Commercial vehicles] A commercial vehicle under [this] Section 6.2.5.K
[[7.2.5.K]] [(Sec. 7.2.5.J)] [refer to vehicles] must be owned or used by an
occupant of the dwelling.

2. AR, R, RC, and RNC Zones

a. On any lot or parcel up to 0.5 acre, one light commercial vehicle and one
unoccupied recreational vehicle may be parked at any one time.
b. On any lot or parcel [over] more than 0.5 acre and [under] less than 2
acres, up to 3 light commercial vehicles and one unoccupied recreational
vehicle may be parked at any one time. One additional recreational
vehicle may be used for dwelling purposes on the property for [not more
than] up to 3 days in any month.
c. On any lot or parcel [over] more than 2 acres, there are no restrictions on
commercial and recreational vehicle parking.

[b. For a detached house:]

a. [i.] The minimum rear parking setback equals the minimum rear setback
[that is] required for the detached house.
C h a p t e r 59 : Z o n i n g C o d e
M o n t g o m e r y C o u n t y, M a r y l a n d

6 15

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

3. RE-2, RE-2C, and RE-1 Zones

b. [ii.]in the R-60 and R-40 zones, 35% or 320 square feet, whichever is
greater.[; except that]

a. Up to 3 light commercial vehicles and one unoccupied recreational

vehicle may be parked on any lot or parcel in the RE-2, RE-2C, or RE-1
zone at any one time. One additional recreational vehicle may be used
for dwelling purposes on the property for [not more than] up to 3 days in
any month.
b. Any property zoned RE-1 that does not [meet the] have a minimum lot
area of 40,000 square feet, must [meet] satisfy the requirements for [in
Sec. 7.2.5.K,] Surface Parking in R-200, R-90, and R-60 under Section
6.2.5.L. [[7.2.5.L.]]

[iii. DPS may grant a waiver to these limits as necessary to protect public safety; and
iv. any surfaced parking area existing before October 26, 2010 is not
limited by this provision if it is not increased.]
3. A surfaced parking area may exceed the size limits in Section 6.2.5.L.2
[[7.2.5.L.2]] if:
a. the surfaced parking area existed before October 26, 2010 and is not
increased in size;

4. R-200, R-90, R-60, and R-40 Zones

b. [For properties with] the property has primary access from a primary
residential street, minor arterial road, major highway, arterial, or any
state road, [the surfaced parking area may be a maximum of] and is
equal to or less than 50% of the area between the lot line and the front
building line;[.]

One light commercial vehicle and one recreational vehicle may be parked on
any lot or parcel in the R-200, R-90, R-60, or R-40 zone;[. One recreational
vehicle may be parked on a lot or parcel,] however, [it] the recreational
vehicle [must not be] may only be used for dwelling purposes for [more than]
up to 3 days in any month.

c. the property is a stone or rock quarry in the R-200 zone; or

5. TLD, TMD, THD, R-30, R-20, and R-10 Zones

One light commercial vehicle may be parked in a garage on any lot or parcel
[if the vehicle is parked in a garage] in the TLD, TMD, THD, R-30, R-20, or
R-10 zone.

L. [K.] Surface Parking in R-200, R-90, R-60, and R-40 Zones

1. Parking for any vehicle or trailer in the area between the lot line and the
front building line must be on a surfaced parking area.
[2. The following provisions apply to the surfaced parking area:]
2. [a.] Except as provided in Section 6.2.5.L.3 [[7.2.5.L.3]], the maximum surfaced parking area [The maximum area] between the lot line and the front
building line [that can be covered by a surfaced parking area], excluding the
surfaced parking area in a driveway on a pipestem or flag-shaped lot, is:
a. [i.] in the R-200 and R-90 zones, 30% or 320 square feet, whichever is
greater; and

616

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

d. DPS grants a waiver to protect public safety.

4. [c.] Parking a vehicle in the area between the lot line and front building line
on a non-surfaced parking area or [parking] on less than 160 square feet of
surfaced parking area for each vehicle is prohibited.
5. [d.] One vehicle may be parked for every 160 square feet of surfaced parking
area.

[e. The limit on surfaced parking area does not apply to stone or rock quarries in the R-200 zone.]

6. [3.] Temporary parking for visitors, loading, or unloading[, or cleaning

vehicles or trailers] is permitted on any area for a maximum of 12 days per
year. [Temporary parking is infrequent; not more than 12 days per year.]
Temporary parking may also be permitted for cleaning vehicles and trailers if
the vehicles are not heavy commercial vehicles.
7. Servicing a heavy commercial vehicle is prohibited.

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 6.2.6. Bicycle Parking Design Standards

A. Long-Term Spaces
1. Location, Access, and Security
a. Each long-term bicycle parking space must be provided within a building,
covered parking garage, or [in] bicycle [lockers] locker[. Access to each
space must be convenient from] located near the building or structure
and the street or other bicycle right-of-way.
b. Each space must be available and accessible for all building tenants during the building's hours of operations. For residential tenants, each space
must be accessible 24 hours a day, 7 days a week.
c. [When provided] A long-term bicycle parking space in a garage:
i.

[Each space] must be clearly marked as a long-term bicycle parking

space [such and should be separated from vehicle parking by a barrier that minimizes the possibility of a parked bicycle being hit by a
car];

ii. [Each space] must be located no lower than the first complete parking level below grade, and no higher than the first complete parking
level above grade; [and]
iii. [Each space] must be in a well-lit, visible location near the main
entrance or elevators; and[.]
iv. should be separated from vehicle parking by a barrier that minimizes the possibility of a parked bicycle being hit by a car.
d. [When provided] If a long-term bicycle parking space is in an enclosed
area, the facility must not be accessible to anyone without authorized
access.
e. [When] If a locker is provided, the locker must be securely anchored.
f. Each facility must be well-maintained and well lit.
[g. Each facility must be well lit.]

2. Space Dimensions

i.

[A] a minimum vertical clearance of 75 inches[,] for spaces other

than lockers;[, and]

ii. a minimum vertical clearance of 48 inches for [lockers.] a locker;

iii. [A] a minimum length of 72 inches and width of 24 inches [where
bicycles are to be] if a bicycle is placed horizontally; and[.]
iv. [A] a minimum length of 40 inches and width of 24 inches [where
bicycles are to be] if a bicycle is placed vertically.
b. [An] A bicycle parking facility must have an aisle a minimum of 4 feet in
width [must be provided] between rows of bicycle parking spaces and
the perimeter of the area devoted to bicycle parking.
c. [Where] If a room or common locker is not divided into individual spaces
[is used to meet these requirements], each 12 square feet of floor area is
counted as one bicycle parking space.
d. [Where] If a bicycle parking facility has a manufactured metal locker
or stall [is provided], each locker or stall devoted to bicycle parking is
counted as one bicycle parking space.

3. Signs
[Where] If a long-term bicycle parking facility is not visible from the street
or main building entrance, the property owner must post a sign in a lobby or
common area indicating the location of the bicycle parking [must be posted
for bicyclists].

4. Changing Facilities Showers and Lockers

a. Any individual tenant space [over] with more than 50,000 square feet of
nonresidential gross floor area (excluding retail or uses with less than 50
employees during the largest shift), must [provide] have one shower and
changing facility for each gender, unless [provided in] the development
has shower and changing facilities in a common area that is available
to all tenants. [An] One additional [one] shower and changing facility
per gender must be installed for every additional 50,000 square feet of
nonresidential gross floor area (excluding retail), up to a maximum of 3
for each gender.

a. Each long-term bicycle parking space must have:

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b. [Where] If a long-term bicycle storage facility is required for a nonresidential use, the facility must have a minimum [number] of 0.3 clothing
lockers [equal to 0.3 times the minimum number of] for each required
long-term storage space [spaces must be provided] for each gender.[,
and must be a minimum of] Each clothing locker must be:
i.

a minimum of 12 inches wide, 18 inches deep, and 36 inches high;[,

and must be]

c. Any sidewalk rack that is parallel to the curb must be located 2 feet from
the curb face.
d. Any sidewalk rack aligned perpendicular to the curb must be [placed]
located so that the nearest vertical component of the rack is [at least] a
minimum of 4 feet from the curb.
e. Each sidewalk rack must be [at least] a minimum of 14 feet from any
stand-alone fire hydrant.

ii. available for use during all hours that employees are on-site; and [.]

f. Each parked bicycle must be accessible without moving another bicycle.

iii. [Lockers must be] installed adjacent to the showers and changing
facilities in a safe and secured area.

g. A bicycle parking facility must have an [An] aisle [at least] a minimum of
4 feet in width [must be maintained] behind all occupied parking racks to
allow room for bicycle maneuvering.

c. [Public parking facilities are exempt from the requirements of Sec.

7.2.6.A.4.] Section 6.2.6.A.4 [[7.2.6.A.4]] does not apply to a public parking facility.

B. Short-Term Spaces
1. Location, Access, and Security
a. Each short-term bicycle parking space must be:
i.

available to the public;[.]

ii. [b. Each space must be provided] located in a convenient, well-lit

[location] area that is clearly visible to both [the] a visitor to the
building [for which the space is built, as well as] and a person who is
on the sidewalk that accesses the buildings main entrance; and[.]
iii. [c. A space must be placed no more than] within 90 feet from:
(a) [i.] the main entrance of any building; or
(b) [ii.]at least one main entrance of a building with more than one
main entrance; [and] unless
(c) [iii.if a site plan or conditional use is required,] the applicable
deciding body [may approve] approves an alternative location
during the site plan or conditional use process.

2. Racks
[Where required bicycle parking is provided via a rack, the] A bicycle rack
must [meet the following design and dimension standards]:
a. [the] permit a bicycle frame and one wheel [can] to be locked to the rack
with a high security lock;
b. permit a bicycle [can] to be securely held with its frame supported in at
least 2 places;
c. [racks must] be offset a minimum of 30 inches on center;
d. [the rack must] be durable and securely anchored;
e. have a [the] locking surface [of the rack must be] thin enough to allow
standard u-locks to be used, but thick enough so the rack cannot be cut
with bolt cutters;
f. have aisles a minimum width of 48 inches between racks [must have a
minimum width of 48 inches];
g. have a minimum depth of 72 inches [should be allowed for] between
each row of parked bicycles; and
h. [the rack must] perform [at least] as well as an inverted u-rack.

b. Each parking facility [must be placed to avoid] is prohibited from obstructing pedestrian traffic or interfering with the use of [other features
located in] the pedestrian area.
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Section 6.2.7. Queuing Design Standards

2. Office and Professional, Group Living, Hospital, Educational Institution

(Private), and Hotel and Motel Uses

A. Spaces Required
1. A Restaurant must have a minimum of 5 queuing spaces [must be provided]
for each drive-thru lane [for a restaurant].
2. [A] Any non-Restaurant use must have a minimum of 3 queuing spaces [must
be provided] for each drive-thru lane [for any non-restaurant use].

B. Design
1. A queuing space must be [equal in] the same size [to] as a standard parallel
parking space under [this] Division 6.2. [[7.2.]] [(Div. 7.2)]
2. [Vehicles using] A vehicle must be able to use a drive-thru [facilities] facility
without encroaching [must not encroach] on or [interfere] interfering with
the public use of streets and sidewalks.
3. Any aisle to accommodate queuing must be clearly marked or physically
separated from driveway aisles, parking spaces, and pedestrian walkways.
4. Each queuing space must satisfy the parking lot landscaping and lighting
requirements in [Sec.] Section 6.2.9. [[7.2.9.]]

Section 6.2.8. Loading Design Standards

The required number of off-street loading spaces is determined by the number of dwelling units, gross floor area of the use, and the type of use. The table
in [Sec.] Section 6.2.8.B [[7.2.8.B]] designates the number of loading spaces
required. Outdoor storage, sales, or display areas must be added to gross floor
area if these areas contain materials that are received or distributed [via] by
trucks. If a development has 2 or more uses, the [The] off-street loading space
requirement [for a development with 2 or more uses] is the highest number of
spaces required of any one use.

B. Required Off-Street Loading Spaces

1. Multi-Unit Living Uses
Under 50 dwelling units
50 dwelling units and above
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Up to 25,000 SF of GFA

Required Number of Spaces (min)

None

25,001 to 250,000 SF of GFA

250,001 to 500,000 SF of GFA

500,001 to 750,000 SF of GFA

750,000 SF of GFA and above

3. Retail Sales and Services, Manufacturing and Production, and

Warehouse Uses
Metric
Up to 15,000 SF of GFA

Required Number of Spaces (min)

None

15,001 to 50,000 SF of GFA

50,001 to 200,000 SF of GFA

200,001 to 350,000 SF of GFA

350,001 SF of GFA and above

C. Location and Design

1. Location

A. Applicability

Metric

Metric

Required Number of Spaces (min)

None

a. [Each] An off-street loading space must be located within the same development as the building or use served.
b. [Each] An off-street loading space is prohibited from projecting into a
sidewalk, street, or public right-of-way.
c. [Each] An off-street loading space is prohibited from being located between the front building line and the lot line.

2. Dimensions
The size of a [Required] loading space [dimensions depend upon] is
determined by the size of delivery vehicles serving the site. The minimum
size of a loading space is[Minimum sizes are]:
a. [For spaces serving single-unit trucks and similar delivery vehicles:] 10
feet wide, 30 feet long, and 14 feet high if it serves single-unit trucks and
similar delivery vehicles; and

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b. [For spaces serving larger freight vehicles:] 12 feet wide, 55 feet long,
and 15 feet high if it serves larger freight vehicles.

3. Maneuvering
[Minimum required] The size of a maneuvering [areas depend upon] area
is determined by the size of the delivery vehicles serving the site. Each
maneuvering area for loading spaces must not conflict with parking spaces
or with the maneuvering areas for parking spaces. [All] A maneuvering area
must be [contained] located on-site[. The minimum size of maneuvering
areas are] and be a minimum of:
a. [For spaces serving single-unit trucks and similar delivery vehicles:] 30
feet for spaces serving single-unit trucks and similar delivery vehicles;
and
b. [For spaces serving larger freight vehicles:] 50 feet for spaces serving
larger freight vehicles .

4. Surfacing
Each off-street loading space must be paved with a durable, all-weather
material, such as concrete or asphalt.

5. Safe Design
Each loading space [Loading spaces] must be designed and located to
minimize conflicts with other vehicular, bicycle, and pedestrian traffic.

Section 6.2.9. Parking Lot Landscaping and Outdoor Lighting

A. Applicability
[This] Section 6.2.9 [[7.2.9]] [(Sec. 7.2.9)] applies to any:
1. surface parking lot with 10 or more spaces[,];
2. [any] structured parking facility[,]; or
3. [any] property with a conditional use requiring 3 to 9 spaces [abutting] that
abuts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use.

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B. Parking Lot Requirements for Conditional Uses Requiring 3 to 9

Spaces
1. If a property with a conditional use requiring 3 to 9 parking spaces is abutting
Agricultural, Rural Residential, or Residential Detached zoned property that
is vacant or improved with an agricultural or residential use, the parking lot
must have a perimeter planting area that:
a. [the perimeter planting area must satisfy] satisfies the minimum specified parking setback under Article 59-4 or, if not specified, is a minimum
of 8 feet wide;
b. [each perimeter planting area must contain] contains a hedge, fence, or
wall a minimum of 4 feet high; and
c. has a minimum of 1 understory or evergreen tree [must be] planted every
30 feet on center.
2. The [Board of Appeals] Hearing Examiner may increase the perimeter planting requirements for a conditional use application under [Sec.] Section 7.3.1.
[[8.3.1.]]

C. Parking Lot Requirements for 10 or More Spaces

1. Landscaped Area
a. A surface parking lot must have landscaped [area comprising a minimum
of 5% of the total area of the surface parking lot must be provided in]
islands that are a minimum of 100 contiguous square feet each comprising a minimum of 5% of the total area of the surface parking lot. Where
possible, any existing tree must be protected and incorporated into the
design of the parking lot.
b. A maximum of 20 parking spaces may be located between islands.
c. A landscaped [Landscaped] area may be used for a stormwater management ESD facility.

2. Tree Canopy
Each parking lot must maintain a minimum tree canopy of 25% coverage
at 20 years of growth, as defined by the Planning Board's Trees Technical
Manual [approved by the Planning Board], as amended.

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3. Perimeter Planting
a. The perimeter planting area for a property that abuts [If abutting] an Agricultural, Rural Residential, or Residential Detached zoned property that
is vacant or improved with an agricultural or residential use must:
i.

[the perimeter planting area must] be a minimum of 10 feet wide;

ii. [each perimeter planting area must] contain a hedge, fence, or wall
a minimum of 6 feet high;
iii. have a canopy tree [must be] planted every 30 feet on center [in the
perimeter planting area]; and
iv. have a minimum of 2 understory trees [must be] planted for every
canopy tree [in the perimeter planting area].
b. The perimeter planting area for a property that abuts [If abutting] any
other zoned property, right-of-way, or an Agricultural, Rural Residential,
or Residential Detached zoned property that is improved with a civic and
institutional, commercial, industrial, or miscellaneous use must:
i.

[the perimeter planting area must] be a minimum of 6 feet wide;

standards of Sec. 7.5.4] satisfy Section 6.4.4 [[7.4.4]], General Outdoor Lighting Requirements, except:
a. [that] any lighting fixture located within 30 feet of the deck perimeter
must be 15 feet or less in height; and
b. any fixture located elsewhere on the deck must be 30 feet or less in
height.

E. Interim Conditions
The Planning Board may allow a [Any] parking lot that is constructed as an interim use under a sketch plan or site plan [application] with an approved phasing
plan [may] to deviate from [this] Section 6.2.9 [[7.2.9]] [(Sec. 7.2.9)] if the Planning Board finds that a compatible, safe, and efficient alternative is provided.

[Sec. 7.2.10. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.2) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;

ii. [each perimeter planting area must] contain a hedge or low wall a
minimum of 3 feet high; and

2. the functional results or performance standards of the requirements are met

or exceeded; and

iii. have a canopy tree [must be] planted every 30 feet on center [in the
perimeter planting area]; [and] unless

3. it is in the public interest.

iv. [where a parking lot] the property abuts another parking lot, in
which case a perimeter planting area is not required.

B. A plan approved with an alternative method of compliance must pay any applicable tax under Chapter 60.]

4. Lighting
Parking lot lighting must [meet the standards of Sec. 7.5.4] satisfy Section
6.4.4 [[7.4.4]], General Outdoor Lighting Requirements.

D. Structured Parking Requirements

1. A structured parking garage must have a living green wall or public artwork
[is required] along 50% of the ground floor of any garage wall facing a rightof-way, residential property, or open space.
2. [Roof] The roof illumination of a structured parking garage must [meet the

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Division 6.3. Open Space and Recreation

Section 6.3.1. Intent
Open space [provides] can provide adequate light, air, circulation, and recreation
and [encourages] encourage preservation and enhancement of natural resources,
including improvement of water and air quality.

Section 6.3.2. Applicability

The following table summarizes the types of open space that are required by zone,
development method, and building type. This table does not define legal requirements and is only provided for the convenience of the reader. Detailed applicability is included with each open space type in [Sec.] Section 6.3.4 [[7.3.4]] to [Sec.]
Section 6.3.7 [[7.3.7]]; open space area requirements are provided in the Section
references in the following table:
[[Section]] Division
References for
Amount of Open
Space Required

Rural
Open
Space

[[6.2.3.A]] 4.3.

CD

RNC

[[4.3.5.A or 6.1.2.A]]
4.3

All

RE-2C, RE-1, R-200,

R-90, R-60, R-40

[[6.1.2.A or 6.2.3.A]]
4.4

MPDU or
CD

TLD, TMD, THD

[[4.4.10.A, 4.4.11.A,
4.4.12.A,
or 6.1.2.A]] 4.4

T[, G,] or
MPDU

R-30, R-20, R-10

[[4.4.13.A, 4.4.14.A,
4.4.15.A, or 6.1.2.A]]
4.4

T, A[/C],
[G] or
MPDU

CRN, CRT, CR, LSC

[[4.5.4.A, 4.6.5.A,
6.4.2.A, or 6.5.2.A]]
4.5

GR, NR, EOF, IL,

IM, IH

[[4.6.4.A, 4.6.6.A,
4.7.4.A, 4.7.5.A, or
6.5.2.A]] 4.6 or 4.7

Zone
RC

Common
Open
Space

Public
Open
Space

Amenity Open
Space

MPDU

622

The following table summarizes the allowed features in each type of open space:

Feature
Conservation area or land trust for natural,
archeological or historical resources
Open space such as a lawn, garden, ornamental
planting area, patio, walk and pathway
Open space such as a plaza, promenade,
arcade, urban park, or town square
Pedestrian or non-motorized multipurpose trail
Natural resource-based recreation
Facility-based recreation
Public space or amenity recommended by an
approved urban renewal plan
Above-ground utility rights-of-way
Water body, such as a lake, pond, and floodway
Non-structural, natural, and ESD stormwater
management facility
Utility
Other conservation-oriented use compatible
with the purpose of [this] Division 6.3 [[7.3]]

Rural
Open
Space

Common
Open
Space

Public
Open
Space

Amenity
Open
Space

A
A
x

A
A
A

A
A
A

A
A
A

A
A

A
A

A
x

A
x

B. Prohibited Features
[The following features are prohibited in an] An open space must not include: [;]
1. a [A] street;
A[/C],
MU, or G

2. a parking [Parking] or maneuvering area for vehicles;

A[/C],
MU, or G

All = All development

CD = Optional method Cluster Development
MPDU = Optional method MPDU Development T = Townhouse Building Type
A[/C] = Apartment[/Condo] Building Type
MU = Multi Use Building Type
G = General Building Type
Blank Cell = Not required

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A. Allowed Features

Key: A = Allowed in open space x = Not allowed in open space

For Floating zones, open space is required under the equivalent Euclidean zone that
determines uses.
Key:

Section 6.3.3. Allowed and Prohibited Features in Open

Space

3. an individual [Individual] wastewater disposal area, or drain field for community systems;
4. a Transitory Use;
5. any activity [Activity] prohibited by the applicable deciding body and recorded on the legal instrument providing for permanent protection; [and] or
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6. any [Any] use prohibited in rural open space under [Sec.] Section 6.3.4.A.4.
[[7.3.4.A.4]]

ix. Residential Care Facility (Up to 8 Persons);

x. Residential Care Facility (9 - 16 Persons);

Section 6.3.4. Rural Open Space

xi. Residential Care Facility (Over 16 Persons);

A. General Requirements

xii. Charitable, Philanthropic Institution;

1. Applicability
a. All optional method Cluster Development in the RC zone must provide
rural open space.
b. All development in the RNC zone must provide rural open space.

Rural open space [is] means land that is managed as farmland or in a natural
state as allowed under [Sec. 7.3.4.B.1.f] Section 6.3.4.B.1.d. [[7.3.4.B.1.d.]]

3. Amount of Rural Open Space

The Planning Board may approve a minor variation in the master plan
recommended rural open space if it finds that the variation would retain
or enhance both the quality and character of the rural open space, but the
Planning Board must not [allow] approve less rural open space than the zone
requires.

4. Uses in Rural Open Space[:]

a. In the RC zone, the following uses allowed under Article 59-3 are prohibited in any rural open space area:
Agricultural Processing;

ii. Farm Supply, Machinery Sales, Storage, and Service;

iii. Nursery (Retail);
iv. Nursery (Wholesale);
v.

xiv. Day Care Center (13 - 30 Persons);

xv. Day Care Center (Over 30 Persons);
xvi. Private Club, Service Organization;
xvii. Public Use (Except Utilities);

2. Defined

i.

xiii. Group Day Care (9 - 12 Persons);

Slaughterhouse;

vi. Seasonal Outdoor Sales;

vii. Farm Tenant Dwelling not associated with a farm in the rural open
space;
viii. Independent Living Facility for Seniors or Persons with Disabilities;
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xviii. Religious Assembly;

xix. Animal Boarding and Care;
xx. Veterinary Office/Hospital;
xxi. Media Broadcast Tower;
xxii. Country Inn;
xxiii. Cemetery;
xxiv. Landscape Contractor;
xxv. Shooting Range (Outdoor);
xxvi. Rural Antique Shop; and
xxvii. Mining, Excavation.
b. In the RNC zone, the following uses allowed under Article 59-3 [zone] are
prohibited in any rural open space area:
i.

Equestrian Facility (3+ horses);

ii. Farm Supply, Machinery Sales, Storage, and Service;

iii. Nursery (Retail);
iv. Nursery (Wholesale);
v.

Winery;

vi. Farm Market, On-site;

vii. Seasonal Outdoor Sales;

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viii. Townhouse Living;

ix. Independent Living Facility for Seniors or Persons with Disabilities;
x. Residential Care Facility (Up to 8 Persons);
xi. Residential Care Facility (9 - 16 Persons);
xii. Residential Care Facility (Over 16 Persons);
xiii. Charitable, Philanthropic Institution;

B. Design Requirements
1. Guidelines for Development
a. In addition to any other requirements of [this] Division 6.3 [[7.3]] [(Div.
7.3)] and Chapter 50 ([Sec.] Section 50-39), rural open space must [should
be developed as follows]:
i.

xiv. Cultural Institution;

xv. Group Day Care (9 - 12 Persons);
xvi. Day Care Center (13 - 30 Persons);
xvii. Day Care Center (Over 30 Persons);
xviii. Educational Institution (Private);
xix. Playground, Outdoor Area (Private);
xx. Private Club, Service Organization;
xxi. Public Use (Except Utilities);
xxii. Religious Assembly;
xxiii. Swimming Pool (Community);
xxiv. Animal Boarding and Care;
xxv. Veterinary Office/Hospital;
xxvi. Cable Communications System;
xxvii. Telecommunications Tower;
xxviii. Cemetery;
xxix. Landscape Contractor;
xxx. Rural Antique Shop;
xxxi. Rural Country Market; and
xxxii. Public Utility Structure.

[a. Rural open space must] be used to minimize any potential

nuisance or conflict and maximize compatibility between residential and agricultural uses within the proposed development and
between the proposed and existing development;

ii. [b. Disturbance] limit the disturbance of the area to become rural
open space [must be limited] to the maximum extent possible during construction of residential lots and associated infrastructure;
and
iii. [c. Rural open space must] be recorded within a separate lot or
parcel with a protective easement or covenant recorded in the land
records[;].
b. [d.] In the RNC zone, all publicly or privately held land in the rural open
space area must be preserved in perpetuity, either by dedication as parkland or by application of an easement or covenant in a recordable form
approved by the Planning Board. The easement or covenant must:
i.

restrict uses in the rural open space under Article 59-3 and [Sec.]
Section 6.3.4.A.4 [[7.3.4.A.4]];

ii. provide for the management of any natural or agricultural features

under the approved site plan; and
iii. prohibit any development or subdivision within the rural open space
area not expressly allowed.
c. [e.] Rural open space used for a farm in the RC zone must be a minimum
of 25 acres [in size], unless the Planning Board finds that a smaller farm
will implement the intent of [this] Division 6.3 [[7.3]] [(Div. 7.3)] and the
zone.[; and]
d. [f.] Rural open space may be managed [under one or more of the following techniques] by:

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i.

reforestation;

ii. woodland, meadow, wetland, or agricultural management;

iii. streambank or floodplain protection; or
iv. non-structural stormwater management; however, in the RNC
zone, the Planning Board may allow a structural stormwater management facility in the rural open space if the location and appearance of the facility is consistent with the general intent of the RNC
zone, and substantially conforms with the recommendations of the
applicable master plan for use of the open space.

2. Open Space Allocation

[The following land area must be included in] Before adding other types of
land areas in rural open space [before other land areas], rural open space
must include:
a. floodplain;
b. stream buffer area;
c. jurisdictional wetland under federal law ([Sec.] Section 404) [that meet
the definition applied] as defined by the Army Corps of Engineers;
d. habitat for state- or federally-listed endangered or threatened species;
e. historic, archaeological and cultural site, cemetery and burial ground;
f. agricultural land containing prime farmland soil or other soil of statewide
importance;

3. Configuration of Rural Open Space

a. The minimum width for any rural open space is 75 feet[. The] unless the
Planning Board [may grant] grants an exception for items such as a trail
easement or linear park when their purpose meets the intent of [this]
Section 6.3.4 [[7.3.4]] [(Sec. 7.3.4)].
b. A minimum of 60% of the rural open space must be contiguous or separated only by a residential street.
c. Where feasible, the rural open space must adjoin any neighboring area
of open space, other protected area, [and] or non-protected natural
area that would be a candidate for inclusion as part of a future area of
protected rural open space.

Section 6.3.5. Common Open Space

A. General Requirements
1. Applicability
Common open space is required for any:
a. [Any] optional method development in [any] [[a]] an RNC [and] or Residential Detached zone;
b. [Any] development with a townhouse[,] or apartment[/condo, or general] building type in [any] a Residential Townhouse [and] or Residential
Multi-Unit zone;

g. an area containing existing healthy trees greater than 12 inches DBH;

c. [Any] townhouse development in [any] a Commercial/Residential [and]

or Employment zone; and

h. an area that connects the site to neighboring rural open space, trails, or
greenways;

d. [Any] Floating zone, as required under the equivalent Euclidean zone

that determines uses.

i. areas containing highly erodible soils or soils with severe limitations for
development due to drainage problems;
j. forest areas not included in the environmental buffer; and
k. viewsheds recommended for preservation by the applicable master plan.

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2. Defined
Common open space [is] means an outdoor area that is intended for
recreational use by residents and their visitors. Common open space does
not include private individual lots.

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B. Design Requirements
1. Common open space must be located in a central position or central positions in the neighborhood bordered by streets or building lots. It may be
public or private. Common open space may also be placed in a location taking advantage of an important adjacent natural feature or open space.
2. The minimum width for any required common open space is 50 feet[. The]
unless the deciding body [may grant] grants an exception for items such as a
trail easement, a mid-block crossing, or a linear park, [when their] by finding
that its purpose meets the intent of [this] Division 6.3 [[7.3]] [(Div. 7.3)] .
3. A minimum of 50% of the required common open space must be in one contiguous area or only separated by a residential street. Any other areas must
be a minimum of 2,000 square feet each and connected by sidewalks, paths,
or trails.

Section 6.3.6. Public Open Space

A. General Requirements
1. Applicability
Any development with an apartment[/condo], multi use, or general building
type in a Commercial/Residential, LSC, Commercial/Residential Floating, or
LSCF [zones] zone must provide the required public open space under the
applicable development standards.

2. Defined
Public open space [is] means space devoted to public use or enjoyment that
[enhances the public realm] attracts public appreciation due to its location
and amenities.

3. Public Open Space Alternatives

a. Development with a civic and institutional use in the LSC zone may provide up to 50% of the required public open space as amenity open space
under [Sec.] Section 6.3.7 [[7.3.7]], if the Planning Board [determines]
finds that the amenity open space better serves the public interest due to
health and safety concerns.

B. Design Requirements
1. Standard Method Development
Under standard method development, public [Public] open space must:
a. abut a public sidewalk or other public pedestrian route;
b. be a minimum of 15 feet wide;
c. [provide] include seating and shade;and
d. be [provided] in a contiguous space.

2. Optional Method Development

Under optional method development, public [Public] open space must:
a. [must] abut a public sidewalk or other public pedestrian route;
b. [must provide] include space for pedestrian circulation, landscaping,
seating, shade, water features, artwork, or recreation [space]; and
c. [must] be [provided] in a contiguous space or spaces that [are abutting]
abut other public open space or sidewalks or pedestrian routes and are
not so fragmented and disconnected that they do not [fulfill] satisfy the
intent of [this] Division 6.3 [[7.3]] [(Div. 7.3)].

C. Off-Site Options
The Planning Board may find that the requirement for public open space is satisfied in whole or in part by:
1. [Implementing] making public park or public open space improvements [of
an equal or greater size] in an area at least as large as the required public
open space located within or near the applicable master plan area; or
2. [Making a payment in part or in full for] paying all or part of the cost to
design, [construction, renovation, restoration, installation, or operation]
construct, renovate, restore, install, or operate a public open space located
within or near the applicable master plan area if the payment [is]:
a. [Equal to] equals the cost of constructing [an equal] the same amount
of public open space and any associated amenity on-site per square foot
plus the fair market value of the land per square foot;

b. Up to 5% of public open space may be used for outdoor caf areas.

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b. [Used to implement] implements the open space, recreation, and cultural goals of the applicable master plan; and
c. [Made] is made [no later than] within 30 days after the release of any
building permit for the subject application.

Section 6.3.7. Amenity Open Space

1. Applicability
Any development in the Industrial zones and development of any
apartment[/condo], multi use, or general building type in the GR, NR, EOF,
GRF, NRF, or EOFF zones must provide amenity open space under [this ]
Section 6.3.7. [[7.3.7.]][(Sec. 7.3.7)]

2. Defined
Amenity open space [is] means an outdoor area providing recreational and
natural amenities for the use and enjoyment of employees and visitors.

B. Design Requirements
1. The minimum width for any required amenity open space is 15 feet except
for a sidewalk, pathway, or trail.
2. Amenity open space must provide space for pedestrian circulation, landscaping, seating, shade, water features, artwork, or recreation [space].

Section 6.3.8. Open Space Landscaping and Outdoor Lighting

The following table summarizes the open space landscaping requirements:

Common Open Space

Allowed
Allowed in
Public Open Space
Community Garden
Amenity Open Space
Allowed

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Open space landscaping and lighting must protect environmentally sensitive

areas and address the recreation needs of the proposed community.

[Farming allowed in open space includes any] Any Farming or Urban Farming
use under the applicable use standards for each zone in [Sec.] Section 3.2.6
and [Sec.] Section 3.2.9 is allowed in open space.

3. Native Species
Rural open space must contain native species only.

4. Permeable Area
Permeable area provides some portion of each open space type with
landscaping, carbon sequestration, rainwater infiltration, and heat island
mitigation. Any permeable area must be pervious, open to the sky, and
covered with live plant material or mulch. Permeable area includes any water
body, bioretention area, or other ESD stormwater facility.

5. Tree Canopy
Tree canopy provides shade, carbon sequestration, and heat island
mitigation. Tree canopy size is [determined] calculated at 20 years of growth,
as defined by the Planning Board's Trees Technical Manual [approved by the
Planning Board], as amended.

6. Plant Distance from Paved Surface

A. Overview of Required Open Space Landscaping

Farming
Allowed

1. General

2. Farming

A. General Requirements

Open Space Type

Rural Open Space

B. Open Space Landscaping Requirements

Native Species
Required

Permeable
Area (min)
90%

Tree Canopy
(min)
No Minimum

Preferred

80%

20%

Preferred

10%

10%

Preferred

10%

10%

Any shrub or tree must be located a minimum of 24 inches from the center
to any paved surface, except for any street tree planted along a sidewalk.

C. Open Space Lighting

1. In rural open space and common open space, illumination at the property
line must be 0.1 footcandles or less.
2. In public open space and amenity open space, illumination at the property
line must be:

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a. 0.1 footcandles or less [abutting] if the subject property abuts a property

that is in an Agricultural, Rural Residential, or Residential zone that is
vacant or improved with an agricultural or residential use; and
b. 0.5 footcandles or less [illumination at the property line for] if the subject
property abuts any other property [must be], excluding street lights
within the right-of-way.

Section 6.3.9. Recreation Facilities

The Planning Board must adopt guidelines that detail the standards and requirements for recreation facilities. The guidelines must:
A. be consistent with the purposes of this Chapter;
B. be in addition to any standards, requirements, or rules in this Chapter; and
C. establish the minimum standards for development of a property with [that provides 20 or] more than 19 residential units.

[Sec. 7.3.10. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.3) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;
2. the functional results or performance standards of the requirements are met
or exceeded; and
3. it is in the public interest.]

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[Div. 7.4. Compatibility Standards

Sec. 7.4.1. Intent
The compatibility standards are intended to ensure appropriate distances, height
relationships, and screening between different building types, development intensities, and uses. Additional setbacks, height restrictions, and screening may be
required by an Overlay zone, use standards, or by another Section of this Chapter.

Sec. 7.4.2. Applicability

A. Method of Development

Residential, or Residential zone and is vacant or improved with an agricultural or residential use under Sec. 3.1.6.
a. The use standards for a conditional use under Article 59-3 may exempt
the development from this requirement.
b. The Board of Appeals may increase the amount of screening for a conditional use application under Sec. 8.3.1.
2. Any use in a townhouse, apartment[/condo], multi use, or general building
type must satisfy the applicable setback, height, and screening standards in
this Division (Div. 7.4) as indicated in the following table:
Abutting Zone

This Division (Div. 7.4) only applies to standard method development. Compatibility standards for optional method development are determined at site plan
under Sec. 8.3.4.

B. Development in the Agricultural, Rural Residential, and Residential

Detached Zones
1. A conditional use in any building type must provide screening under Sec.
7.4.5 if an abutting property is in an Agricultural, Rural Residential, or
Residential Detached zone and is vacant or improved with an agricultural or
residential use under Sec. 3.1.6.
a. The use standards for a conditional use under Article 59-3 may exempt
the development from this requirement.
b. The Board of Appeals may increase the amount of screening for a conditional use application under Sec. 8.3.1.
2. Any use in a general building must satisfy the setback and screening standards in this Division (Div. 7.4) if an abutting property is in an Agricultural,
Rural Residential, or Residential Detached zone and is vacant or improved
with an agricultural or residential use under Sec. 3.1.6.

C. Development in the Residential Townhouse, Residential Multi-Unit,

Commercial/Residential, Employment, Industrial, and Floating Zones
1. A conditional use in a detached house or duplex building type must provide
screening under Sec. 7.4.5 if an abutting property is in an Agricultural, Rural

Building Type

Agricultural, Rural
Residential,
Residential
Detached

Residential
Townhouse

Residential
Multi-Unit

Sc

Sc, Sb

Sc, Sb, H

Sc, Sb, H

Sc, Sb, H

Sc, Sb, H

Sc, Sb, H

Sc, Sb, H

Sc, Sb, H

Townhouse
Apartment[/condo] in a
Residential Multi-Unit zone
Apartment[/condo] or
Multi Use Building in a
Commercial/Residential,
Employment, or Industrial
zone
General Building, with a nonIndustrial use
General Building, with an
Industrial use
KEY: Sc = Screening required
Sb = Setback required

H = Height Required
N = Compatibility standards not required

Sec. 7.4.3. Setback Standards

A. Abutting Property
1. If the abutting property is vacant or improved with an agricultural or residential use under Sec. 3.1.6, the minimum setback equals 1.5 times the minimum setback required for a detached house on the abutting property;
2. If the abutting property is improved with a civic and institutional, commer-

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cial, industrial, or miscellaneous use under Sec. 3.1.6, the minimum setback
equals the minimum setback required for a detached house on the abutting
property; and
3. When screening is required under Sec. 7.4.5 if the screening width is greater
than the minimum setback established by this Section (Sec. 7.4.2.A), the
minimum setback equals the required screening width.

C. Where the abutting or confronting property is improved with a civic and institutional, commercial, industrial, or miscellaneous use under Sec. 3.1.6, the
maximum height is not modified by this Section (Sec. 7.4.4).

Sec. 7.4.5. Screening Requirements

A. Location
1. Screening is required along a lot line shared with an abutting property that is
vacant or improved with an agricultural or residential use under Sec. 3.1.6.

3. Screening must be placed between the lot line and the subject structure or
use and extend along the lot line a length equal to the length of the subject
structure or use plus an additional 50% in length in each direction or to the
end of the shared lot line, whichever is less.

g
in

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Abutting

Le
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th

0.

50

B. If the confronting property is vacant or improved with an agricultural or residential use under Sec. 3.1.6, and the applicant proposes a building height
greater than the height allowed in the confronting zone, any structure must not
protrude beyond a 45 degree angular plane projecting over the subject property,
measured from a height equal to the height allowed in the confronting zone at
the subject lot's front or side street setback line determined by Article 59-4.

bj

A. If the abutting property is vacant or improved with an agricultural or residential

use under Sec. 3.1.6, and the applicant proposes a building height greater than
the height allowed in the abutting zone, any structure must not protrude beyond a 45 degree angular plane projecting over the subject property, measured
from a height equal to the height allowed in the abutting zone at the setback
line determined by Sec. 7.4.2.A.

2. Screening may be placed within any required setback. If the required setback
is less than the screening width established for the building type in this Section (Sec. 7.4.5), the required screening width in Sec. 7.4.5 must be provided.

Su

Sec. 7.4.4. Height Restrictions

Sc
re
en

Front and side street setbacks are not modified by this Section (Sec. 7.4.3).

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um

B. Confronting Property

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es

He
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we Hei
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zon
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4. Screening is not required between a lot line and the subject structure or use
if separated from the lot line by a surface parking lot. Instead, landscaping
must be provided under Sec. 7.2.9.

y
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,

es

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B. Berms
Berms must have a rounded crown suitable for planting, and a stabilized side
slope of 40% or less. Berms may meander and be discontinuous if the screening
intent of this Division (Div. 7.4) is met.

C. Screening Requirements by Building Type

1. Screening is based on the proposed building type, unless otherwise stated.

The minimum requirements for each building type are in Sec. 7.4.5.C.4
through Sec. 7.4.5.C.8; however, additional planting is allowed.

10

10

2. Plant materials are specified for each 100 linear feet of screening area. Any
fractional requirement must be rounded up to the next higher whole number.

100

100

100

100

3. The applicant may choose between any option for the applicable building
type or use.

4. Townhouse
Option A

Option B

5'

10'

2
2

2
2

Shrubs (minimum per 100')

Large
Medium
Small

--16

8
-8

Wall, Fence or Berm (min)

4' fence or wall

--

Dimensions (min)
Width
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

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Shrubs (minimum per 100')

Large
Medium
Small
Wall, Fence or Berm (min)

632

8
8
--

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100

100

15

6. Apartment[/Condo] Over 60 Feet in Height or Multi Use Building Over

40 Feet in Height

Option B

Option C

Option D

8'

10'

12'

2
2

2
2

2
4

Option A
Dimensions (min)
Depth
10'
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
3
Understory or Evergreen
3

6
8
8

4
8
8

8
12
--

Shrubs (minimum per 100')

Large
Medium
Small

--

--

Wall, Fence or Berm (min)

4' fence or wall 4' fence or wall

15

100

100

5. Apartment[/Condo] Up to 60 Feet in Height or Multi Use Building Up to

40 Feet in Height

Option A
Dimensions (min)
Depth
8'
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
4
Understory or Evergreen
--

10

10

12

100

100

100

10

100

6
-6

Option B

Option C

Option D

10'

15'

15'

4
--

2
3

3
2

8
12
--

11
8
--

10
10
12

--

--

4' fence or wall 6' fence or wall

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12

15

12

15

100

100

30/50
30/50

7. General Building with a Non-Industrial Use; Conditional Use in the

Agricultural, Rural Residential, or Residential Zones; and Conditional
Use in a Detached House or Duplex in Any Other Zone

100
100

100
100

100

100

100

100

30/50
30/50

8. General Building with an Industrial Use

Dimensions (min)
Depth for all zones except IH zone

Option A

Option B

30'

30'

50'

50'

2
4

2
3

Option A

Option B

8'

12'

2
2

2
4

Depth for IH zone

Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

Shrubs (minimum per 100')

Large
Medium
Small

6
8
8

8
12
--

Shrubs (minimum per 100')

Large
Medium
Small

14
12
12

11
12
12

Wall, Fence or Berm (min)

4' fence or wall

--

Wall, Fence or Berm (min)

6' fence or wall

6' berm

Dimensions (min)
Depth
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

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Sec. 7.4.6. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.4) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;
2. the functional results or performance standards of the requirements are met
or exceeded; and
3. it is in the public interest.]

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Division 6.4. General Landscaping and Outdoor Lighting

Section 6.4.1. Intent
[This] Division 6.4 [[7.4]] [(Div. 7.5)] [regulates] provides minimum standards for
quantity, size, location, and installation of landscaping and outdoor lighting on
private property. The intent of these standards is [requirements are intended] to
preserve property values,[; to] preserve and strengthen the character of communities,[;] and [to]improve water and air quality.

Section 6.4.2. Applicability

[This] Division 6.4 [[7.4]] [(Div. 7.5)] applies to landscaping required under this
Chapter,[and to] the installation of any new outdoor lighting fixture, and [or] the
replacement of any existing outdoor fixture. Replacement of a fixture [refers to]
means to [a] change [of] the fixture type or to change [to] the mounting height or
location of the fixture.

Section 6.4.3. General Landscaping Requirements

A. General
1. DPS must not issue a final certificate of occupancy until all trees and plant
material have been installed [under the requirements of this] and satisfy
Division 6.4 [[7.4]] [(Div. 7.5)].
2. DPS may issue a [A] temporary certificate of occupancy [may be issued] for
a period of up to 6 months [due to] if [circumstances that make the] planting
of the site is impractical, or until the proper planting season [is reached] to
complete the landscaping requirements occurs.
3. Landscaping and lighting must satisfy any applicable design guidelines or
streetscape standards.
4. To satisfy [the requirements of this Division (Div. 7.5),] Section 6.2.9 [[7.2.9]],
Division 6.3 [[7.3]], and Division 6.6 [[7.6]], a property owner must not place
plant material [must not be placed] in any utility, stormwater management,
or other easement that may result in removal of the plantings, except as [explicitly] allowed under Section 6.2.9 [[7.2.9]], Division 6.3 [[7.3]], and Division
6.6 [[7.6]] [this Division (Div. 7.5)].

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5. All landscape plans and related documentation must be prepared by a

licensed landscape architect.
6. Species included on the Maryland Invasive Species Council's list of invasive
aquatic or terrestrial plants [are prohibited] must not be used for landscaping.

B. Landscaping Elements
1. Plant Material
a. Any landscaping must be installed under the accepted standards of the
American Standard for Nursery Stock, latest edition, as published by the
American Association of Nurserymen.
b. Plant material must be true to name, variety, and size and must satisfy all
applicable provisions of the American Standards for Nursery Stock, latest
edition.
c. Mature plant size is based on the Manual of Woody Landscape Plants,
Stipes Publishing, latest edition.

2. Canopy Trees
a. Defined
A canopy tree is a large deciduous tree, typically 40 to 70 feet tall at maturity, with a minimum spread (canopy) of 30 feet. A canopy tree typically
has only a single trunk.

b. Size at Time of Planting

Any canopy tree within an open space area, screening area, or surface
parking lot must have a minimum caliper of 2 inches or a minimum
height of 14 feet when planted.

3. Understory Trees
a. Defined
An understory tree is a small deciduous tree, typically less than 30 feet
tall at maturity. Many understory trees have multiple trunks.
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b. Size at Time of Planting

i.

Any single trunk understory tree [within] located in an open space

area, screening area, or surface parking lot must have a minimum
caliper of 1.5 inches or a minimum height of 10 feet when planted.

ii. Any multi-trunk understory tree [within] located in an open space

area, screening area, or surface parking lot must have a minimum of
3 main stems, each with a minimum caliper of 1.5 inches per stem,
or a minimum height of 10 feet, when planted.

4. Evergreen Trees
a. Defined
An evergreen tree (conifer), typically more than 40 feet tall at maturity.

b. Size at Time of Planting

Any evergreen tree [within] located in an open space area, screening
area, or surface parking lot must be a minimum of 8 feet in height when
planted, measured from the top of the root ball to the tip of the highest
branch.

5. Shrubs
a. Defined
i.

A large shrub must be of a species that [will reach] is expected to

grow to a minimum height of 8 feet.

ii. A medium shrub must be of a species that [will reach] is expected to

grow to a minimum height of 4 feet.
iii. A small shrub must be of a species that [will reach] is expected to
grow to a minimum height of 2 feet.

b. Size at Time of Planting

i.

636

A large shrub [within] located in an open space area, screening

area, or surface parking lot must be in a container with a minimum
volume of 5 gallons [a minimum of 5 gallon container] or be balled
and burlapped.

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ii. A medium shrub [within] located in an open space area, screening

area, or surface parking lot must be in a container with a minimum
volume of 3 gallons [a minimum of 3 gallon container] or be balled
and burlapped.
iii. A small shrub [within] located in an open space area, screening
area, or surface parking lot must be in a container with a minimum
volume of one gallon [container].

C. Fences and Walls

1. [Defined] Measurement of Height
Fence or wall height is measured from the lowest level of the [ground
immediately] grade under the fence or abutting a wall.

2. Height and Placement

a. The maximum height of a fence or wall in any front setback in a Residential zone is 4 feet.
b. [On a corner lot in any Residential zone, a] A fence, wall other than
retaining wall, terrace, structure, shrubbery, planting, or other visual obstruction on a corner lot in a Residential zone can be a maximum height
of 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines.
c. [On a corner lot in any Residential zone, a] A deer fence on a corner lot in
a Residential zone must not be located closer to the street than the face
of the building.
d. A wall or fence must not be located within any required drainage, utility
or similar easement, unless approved by the agency with jurisdiction
over the easement.

3. Exemptions from Building Line and Setbacks

Building line and setback requirements do not apply to:
a. [Deer] deer fencing:
i.

[In all] in an Agricultural [and] or Rural Residential [zones] zone;

[and] or

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ii. [Behind] behind the front building line for property in [all] a nonAgricultural [and] or non-Rural Residential [zones] zone unless the
property adjoins a national historical park.
b. [Any] a retaining wall where changes in street grade, width, or alignment
have made such structures necessary;
c. [Any] any other wall or fence that is 6.5 feet or less in height, is behind
the front building line, and is not on a property abutting a national historic park;
d. [Any] a rustic fence on a property abutting a national historical park;
e. [Any] any boundary fence behind the front building line if the property is
located within 100 feet of a parking lot in a national historical park; and
f. [Deer] deer fencing and any other fence that 8 feet or less in height if the
property is farmed and agriculturally assessed.

D. Failure to Maintain Landscaping

1. If the owner of a landscaped area fails to maintain the area according to the
standards of [this] Section 6.4.3, [[7.4.3]] [(Sec. 7.5.3)] the County may issue
a notice of violation to the property owner, allowing the [must provide reasonable notice and allow a] property owner 90 days to correct the deficiency.
Refer to [Div.] Division 7.8 [[8.8]], Violations, Penalties, and Enforcement for
additional procedures.
2. The County may recover the cost of enforcement from the property owner,
including reasonable [attorney] attorney's fees. The County may also, following reasonable notice and a demand that deficiency of maintenance be
corrected, enter the landscaped area to [take maintenance action] maintain
the area. The [cost of such maintenance will be charged to the] party [having
the] with primary responsibility for maintenance of the landscaped area
must reimburse the County for the work.

Section 6.4.4. General Outdoor Lighting Requirements

[does not constitute] is not replacement and [is permitted] may be performed if
such changes do not result in a higher lumen output.

B. Design Requirements
1. Fixture (Luminaire)
[In order to] To direct light downward and minimize the amount of light spill,
any outdoor lighting fixture must be a full or partial cutoff fixture.

2. Fixture Height
A freestanding lighting fixture may be a maximum height of 40 feet in a
parking lot with a minimum of 100 spaces, otherwise a freestanding lighting
fixture may be a maximum height of 30 feet within a surface parking area
and may be a maximum height of 15 feet within a non-vehicular pedestrian
area. A freestanding light fixture located within 35 feet of the lot line of any
detached house building type that is not located in a Commercial/Residential
or Employment zone may be a maximum height of 15 feet. [Any] The height
of a freestanding lighting fixture must be measured [measure must be made]
from the finished grade.

15
max

Parking Area

35 from Lot Line

3. Light Source (Lamp)

A light source must use only [Only] incandescent, fluorescent, light-emitting
diode (LED), metal halide, or color-corrected high-pressure sodium, [may be
used. The] unless the applicable deciding body [may approve] approves an
alternate light [sources] source based on new technology.

A. Exemptions
Routine lighting fixture maintenance, such as changing a lamp or light bulb, ballast, starter, photo control, housing, [lense] lens, and other similar component,

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

C. Lighting Types
1. Security Lighting
a. Any building-mounted security light fixture, such as a wall pack, must not
project above the fascia or roof line of the building and must be shielded.
b. Any security fixture, including but not limited to a floodlight or wall pack,
must not face ground floor residential uses.
c. Any security fixture must not be substituted for parking area or walkway
lighting, and must be [restricted to] located in a loading, storage, service,
[and] or other similar [locations] area.

2. Accent Lighting
Only lighting used to accent an architectural feature, landscaping, or art may
be directed upward. The accent lighting fixture must be located, aimed, or
shielded to minimize light spill and glare.

3. Canopy Area Lighting

All development that incorporates a canopy area over a Filling Station,
automated teller machine, or a similar facility must use a full cutoff fixture
with a lens cover flush with the bottom surface of the canopy or recessed
within the canopy. Canopy area lighting must be 30 footcandles or less
under the canopy as measured horizontally at grade.

4. Residential Entrances
Any entrance to a residential building or multi use building with [a residential
component housing] more than 4 residential units must be adequately
lighted to ensure the safety of persons and the security of the building.

6. Commercial Businesses
None of the provisions of Section 6.4.4 [[7.4.4]], except for Section 6.4.4.E
[[7.4.4.E]], apply to lighting [Lighting] for commercial uses placed on or
within a building [is not restricted by this Section (Sec. 7.5.4) except that the
provisions of Sec. 7.5.4.C.7 must be satisfied].

D. Excessive Illumination
Except where otherwise stated in this Chapter, on-site illumination [is limited to]
must be 0.5 footcandles or less at the lot line, excluding street lights within the
right-of-way.

E. Conditional Uses
Outdoor lighting [provided] for a conditional use must be directed, shielded, or
screened to ensure that the [maximum] illumination [level] is 0.1 footcandles
or less at any lot line [abutting] that abuts a lot with a detached house building type, not located in a Commercial/Residential or Employment zone[, is 0.1
footcandles or less].

[Sec. 7.4.5. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.5) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;
2. the functional results or performance standards of the requirements are met
or exceeded; and
3. it is in the public interest.]

5. Outdoor Recreation Lighting

Lighting for any outdoor recreation field must be arranged to prevent
direct glare onto any public or private property or street. [All] Lighting of an
outdoor playing field/court [lighting] is prohibited between [the hours of]
11:00 p.m. and 7:00 a.m., unless [other hours are specifically approved by]
the applicable deciding body approves other hours.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.5. Screening Requirements

Section 6.5.1. Intent
The intent of Division 6.5 [[7.5]] is to ensure appropriate screening between different building types and uses.

Section 6.5.2. Applicability

provide screening under Section 6.5.3 [[7.5.3]] as indicated in the following

table if the subject lot abuts property in an Agricultural, Rural Residential, or
Residential zone that is vacant or improved with an agricultural or residential
use:
Abutting Zone

A. Method of Development
Division 6.5 [[7.5]] only applies to standard method development.

B. Agricultural, Rural Residential, and Residential Detached Zones

In the Agricultural, Rural Residential, and Residential Detached zones, a conditional use in any building type must provide screening under Section 6.5.3
[[7.5.3]] if the subject lot abuts property in an Agricultural, Rural Residential, or
Residential Detached zone that is vacant or improved with an agricultural or
residential use.
1. The conditional use standards under Article 59-3 may exempt the development from this requirement.
2. The Hearing Examiner may increase the amount of screening required for
conditional use approval under Section 7.3.1. [[8.3.1.]]

C. Residential Townhouse, Residential Multi-Unit, Commercial/

Residential, Employment, and Industrial Zones
In the Residential Townhouse, Residential Multi-Unit, Commercial/Residential,
Employment, and Industrial zones:
1. A conditional use in a detached house or duplex building type must provide
screening under Section 6.5.3 [[7.5.3]] if the subject lot abuts property in an
Agricultural, Rural Residential, or Residential Detached zone that is vacant
or improved with an agricultural or residential use.
a. The conditional use standards under Article 59-3 may exempt the development from this requirement.

Building Type
Townhouse
Apartment or Multi Use
Building
General Building, with a nonIndustrial use
General Building, with an
Industrial use
KEY: Y = Screening required

Agricultural, Rural
Residential,
Residential
Detached

Residential
Townhouse

Residential
Multi-Unit

N = Screening not required

Section 6.5.3. Screening Requirements

A. Location
1. Screening is required along a lot line shared with an abutting property that is
vacant or improved with an agricultural or residential use.
2. Screening may be placed within any required setback. If the required setback
is less than the screening width required for the building type in Section 6.5.3
[[7.5.3]], the property must satisfy the required screening width in Section
6.5.3. [[7.5.3.]]
3. Screening must be placed between the lot line and the subject structure or
use and extend along the lot line. The screening must extend along the full
length of the subject structure or use plus an additional 50% in length in each
direction or to the end of the shared lot line, whichever is less.

b. The Hearing Examiner may increase the amount of screening required

for conditional use approval under Section 7.3.1. [[8.3.1.]]
2. Any use in a townhouse, apartment, multi use, or general building type must

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Bu
ild
in
g

10

10

ct

Su
bj
e

in
im

um

Sc

0.
50

re
e

ni
ng

Le

ng
th

0.
50

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

St
de

100

100

100

100

Si

t
ee
tr

re
et

tS
on
Fr

4. Screening is not required between a lot line and the subject structure or use
if the structure or use is separated from the lot line by a surface parking lot.
Instead, landscaping must be provided under Section 6.2.9. [[7.2.9.]]

B. Berms
A berm must have a rounded crown suitable for planting and a stabilized side
slope of 40% or less. A berm may meander and be discontinuous if it satisfies the
intent of Division 6.5. [[7.5.]]

C. Screening Requirements by Building Type

1. Screening is determined by the proposed building type, unless otherwise
stated. The minimum screening requirements for each building type are in
Section 6.5.3.C.4 [[7.5.3.C.4]] through Section 6.5.3.C.8. [[7.5.3.C.8.]]
2. Plant materials are specified for each 100 linear feet of screening area. Any
fractional requirement must be rounded up to the next higher whole number.
3. The applicant may choose any option for the applicable building type or use.

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4. Townhouse
Option A

Option B

5'

10'

2
2

2
2

Shrubs (minimum per 100')

Large
Medium
Small

--16

8
-8

Wall, Fence or Berm (min)

4' fence or wall

--

Dimensions (min)
Width
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Option A
Dimensions (min)
Depth
8'
Planting and Screening Requirements
Trees (minimum per 100')
4
Canopy
-Understory or Evergreen
Shrubs (minimum per 100')
Large
Medium
Small
Wall, Fence or Berm (min)

8
8
--

15

100

100

15

6. Apartment Building Over 60 Feet in Height or Multi Use Building Over 40 Feet in
Height

Option B

Option C

Option D

8'

10'

12'

2
2

2
2

2
4

Option A
Dimensions (min)
Depth
10'
Planting and Screening Requirements
Trees (minimum per 100')
3
Canopy
3
Understory or Evergreen

6
8
8

4
8
8

8
12
--

Shrubs (minimum per 100')

Large
Medium
Small

--

--

Wall, Fence or Berm (min)

4' fence or wall 4' fence or wall

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100

100

5. Apartment Building Up to 60 Feet in Height or Multi Use Building Up to

40 Feet in Height

10

10

12

100

100

100

10

100

6
-6

Option B

Option C

Option D

10'

15'

15'

4
--

2
3

3
2

8
12
--

11
8
--

10
10
12

--

--

4' fence or wall 6' fence or wall

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

12

15

12

15

7. General Building with a Non-Industrial Use; Conditional Use in the

Agricultural, Rural Residential, or Residential Detached Zones; and
Conditional Use in a Detached House or Duplex in Any Other Zone

8. General Building with an Industrial Use

Dimensions (min)
Depth for all zones except IH zone

100
100

Option A

Option B

30'

30'

50'

50'

2
4

2
3

Option A

Option B

8'

12'

2
2

2
4

Depth for IH zone

Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

Shrubs (minimum per 100')

Large
Medium
Small

6
8
8

8
12
--

Shrubs (minimum per 100')

Large
Medium
Small

14
12
12

11
12
12

Wall, Fence or Berm (min)

4' fence or wall

--

Wall, Fence or Berm (min)

6' fence or wall

6' berm

Dimensions (min)
Depth
Planting and Screening Requirements
Trees (minimum per 100')
Canopy
Understory or Evergreen

642

30/50
30/50

100

100
100
100

100

100

100

100

30/50
30/50

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.6. Outdoor Display and Storage

Section 6.6.1. Intent

2. Standards

[[The intent of ]][this] Division 6.6 [[7.6]] [(Div. 7.6)] [[is to regulate]] regulates the
size, location, height, and screening of all outdoor storage and display[. The requirements are intended] to protect public safety, health, and welfare; [to] preserve and
enhance property values; and [to] preserve and strengthen the character of communities.

[Outdoor display is permitted with any] Any nonresidential use may have
an outdoor display if the deciding body approves [following approval
of] the applicable plan illustrating the extent of the permitted area for
outdoor display. [The area for] An outdoor display must [meet the following
standards]:

Section 6.6.2. Applicability

a. [Any outdoor display must] be removed and placed inside a fully-enclosed building at the end of each business day, except a [. Any] propane
gas storage rack, ice storage bin, soft drink or similar vending machine
may remain outside overnight; and [.]

A. [This] Division 6.6 [[7.6]][(Div. 7.6)] applies to any site where merchandise,
material, or equipment is displayed or stored outside of a completely enclosed
building.
B. Division 6.6 [[7.6]] does not apply to:
1. [B. Merchandise] merchandise, material, or equipment for agricultural uses
in an Agricultural or Rural Residential zone [are exempt from this Division
(Div. 7.6).]; and
2. [C. Where] where allowed, the outdoor sale, lease, or rental of motor vehicles and heavy equipment as part of a properly [permitted] allowed use [is
exempt from this Division (Div. 7.6)].

Section 6.6.3. Design Standards

A. Outdoor Display
1. Defined
a. Outdoor display means the outside display of products actively available for sale. The outdoor placement of any propane gas storage rack,
ice storage bin, soft drink, or similar vending machine is [considered] an
outdoor display.
b. Outdoor display does not include merchandise or material in boxes, in
crates, on pallets, or other kinds of shipping containers (see outdoor
storage).
c. Section 6.6.3 [[7.6.3]] does not apply to Seasonal Outdoor Sales, under
Article 59-3[, is exempt from this Section (Sec. 7.6.3)].
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b. [Any outdoor display must] not impede pedestrian use of the sidewalk or
parking areas.

B. Outdoor Storage
1. Limited Outdoor Storage
a. Defined
Limited outdoor storage includes[, but is not limited to]:
i.

[Overnight] overnight outdoor storage of any vehicle awaiting

repair;

ii. [Outdoor] outdoor storage of merchandise or material in boxes, in

crates, on pallets or other kinds of shipping containers;
iii. [Outdoor] outdoor sales area for building supplies, garden supplies,
or plants;
iv. [Outdoor] outdoor storage of fleet vehicles; and
v.

[Outdoor] outdoor storage of any vehicle, boat, recreational vehicle, or other similar vehicle at a storage facility.

b. Standards
Limited outdoor storage is allowed when it is accessory to an allowed use
[following approval of] if the deciding body approves the applicable plan
illustrating the extent of the permitted area for limited outdoor storage.
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Limited outdoor storage must satisfy the standards of the zone or the
use.

2. General Outdoor Storage

a. Defined
General outdoor storage includes[, but is not limited to,] any material
associated with industrial uses, such as equipment, lumber, pipe, steel,
salvage, or recycled materials.

b. Standards

[Section 7.6.4. Alternative Compliance

A. The applicable deciding body may approve an alternative method of compliance
with this Division (Div. 7.6) if the applicant submits documentation illustrating
how:
1. the intent of the Division is satisfied;
2. the functional results or performance standards of the requirements are met
or exceeded; and
3. it is in the public interest.]

General outdoor storage is permitted [if it meets the following standards] and must:
i.

[In] in the Industrial zones, include screening of inventory and

equipment [must follow the screening requirements of Sec. 7.4.5]
under Section 6.5.3 [[7.5.3]], unless the use abuts or confronts property in an Industrial zone; and [.]

ii. [In] in all other zones:

(a) have an approved [Approval of the applicable] plan illustrating
the extent of the permitted area for general outdoor storage;[.]
(b) [The] be located on property [must front] that fronts on and
[have] has direct access to a road built to primary or higher
standards;[.]
(c) [The] be located on property with a minimum area of [the property is] 5 acres if abutting an Agricultural, Rural Residential, or
Residential zone;[.]
(d) [The minimum setback] be set back a minimum of 50 feet from
any lot line[is 50 feet.]; and
(e) [Screening] include screening of inventory and equipment
[must follow the screening requirements of Sec. 7.4.5] under
Section 6.5.3 [[7.5.3]], unless the use abuts or confronts property in an Industrial zone.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.7. Signs

Section 6.7.1. Intent
[This] Division 6.7 [[7.7]] [(Div. 7.7)] regulates the size, location, height, and construction of all signs placed for public view. The requirements are intended to preserve the value of property; to preserve and strengthen community ambiance and
character; and, where applicable, to implement the recommendations of an urban
renewal plan adopted under Chapter 56. It is the intent of [this] Division 6.7 [[7.7]]
[(Div. 7.7)] to:
A. encourage the effective use of signs;
B. maintain and enhance the aesthetic environment of the County while avoiding
visual clutter;
C. promote the use of signs to identify buildings and geographic areas;
D. improve pedestrian and vehicle traffic safety;
E. promote the compatibility of signs with the surrounding land uses;
F. promote the economic development and marketing of businesses located within
an approved urban renewal area;
G. provide increased flexibility in the number, size, location, design, and operating
characteristics of signs for optional method development in an approved urban
renewal area; and
H. implement the recommendations of an approved urban renewal plan.

Section 6.7.2. Applicability

A. A property owner must obtain a permit under [this] Division 6.7 [[7.7]] before
a sign is constructed, erected, moved, enlarged, illuminated, or substantially
altered, except for signs covered by [Sec.] Section 6.7.3 [[7.7.3]], Exempt Signs,
[Sec.] Section 6.7.11 [[7.7.11]], Limited Duration signs, and [Sec.] Section 6.7.12
[[7.7.12]],Temporary Signs.

structed if the applicant obtains [must obtain] a variance from the Sign Review
Board.

Section 6.7.3. Exempt Signs

The following signs are exempt from [the requirements of this] Division 6.7 [[7.7]]
[(Div. 7.7)]:
A. A sign on private property does not require a permit [and is exempt from the
requirements of this Division 7.7] when the area of the sign is 2 square feet or
less, and:
1. the sign is on private property customarily associated with residential living
or decoration.
2. the sign is part of a mailbox or newspaper tube and satisfies government
regulations.
3. the sign is a warning to the public about trespass, danger, or safety considerations.
B. A sign legally affixed to a bus shelter or transit center information kiosk under an
approved franchise agreement.
C. The following signs do not require a permit and are exempt from the size, placement, and number requirements of [this] Division 6.7 [[7.7]], but must satisfy the
prohibitions in [Sec.] Section 6.7.4 [[7.7.4]], Prohibited Signs[.]:
1. A sign that is not visible beyond the property lines of the property where the
sign is located.
2. A sign erected by, or on the order of, a public officer or utility official and
used by a government agency or utility company [erected by, or on the order
of, a public officer or utility official] in the performance of its official duties
such as controlling traffic, identifying streets, warning of danger or providing
information.
3. [Any] A sign required to be displayed by law or regulation.

B. A property owner must maintain a sign [must be maintained] in good repair and
in a safe condition. Routine maintenance does not require a permit. Routine
maintenance includes painting, cleaning, changing copy where permitted, or
changing copy [in compliance with] to satisfy a sign concept plan.

4. A flag that is displayed on a flagpole.

C. [Any] A sign not listed in [this Article (Article 59-7)] Division 6.7 [[7.7]] or that
does not satisfy the requirements in [this Article] Division 6.7 [[7.7]] may be con-

6. A sign that is an integral part of a dispensing mechanism, such as a beverage

machine, newspaper rack, or gasoline pump.
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5. A sign that is cut into the masonry surface or constructed of bronze or other
durable material and made an integral part of the structure such as a cornerstone, memorial, plaque, or historical marker.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

7. [Any] An [adornments] adornment or seasonal [decorations] decoration.

D. A sign or inflatable device that is located in an urban renewal area that is [within]
located in an arts and entertainment district; promotes an entertainment event
conducted by an entity located within the urban renewal area of an arts and
entertainment district; is erected for [no longer than thirty] a maximum of 30
days; and includes more than 1,500 square feet of surface area, is exempt from
the following:
1. The prohibition on animal forms in [Sec.] Section 6.7.4 [[7.7.4]], Prohibited
Signs;
2. The size, height and area limitations in [this] Division 6.7 [[7.7]] [(Div. 7.7)];
3. The prohibition on roof signs in [Sec.] Section 6.7.4 [[7.7.4]], Prohibited
Signs; and
4. The prohibition on signs in the public right-of-way in [Sec.] Section 6.7.4
[[7.7.4]], Prohibited Signs, if constructed 20 feet or more above the public
right-of-way.

Section 6.7.4. Prohibited Signs

[Any] A sign not authorized in [this] Division 6.7 [[7.7]] [(Div. 7.7)] is prohibited. The
following signs are specifically prohibited and must not be erected or retained. The
Sign Review Board must not grant a variance permitting their erection, installation, or maintenance. A prohibited sign [erected after December 8, 1997,] must be
removed [no later than] within 24 hours after notification by DPS that the sign must
be removed.

A. Obscene Sign
A sign [must not contain] containing obscene statements, words, or depictions
that are construed to offend public morals or decency is prohibited.

B. Roof Sign
[Except if] Unless approved as part of a sign concept plan for an optional method
development project [within] located in an urban renewal area, a sign [must not
be] painted on the roof of a building, or supported by poles, uprights or braces
extending from or attached to the roof of a building, or projected above the roof
of a building, is prohibited. A wall sign is not a roof sign, and for the purposes
of [this] Division 6.7 [[7.7]] [(Div. 7.7)] a roof surface constructed at an angle of
within 15 degrees of vertical is regarded as wall space. Screening that encloses
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equipment such as a heating, [a] ventilating and air conditioning unit, an elevator shaft, and stairs located on a roof also are considered wall space.

C. Obstructive Sign
A sign [must not be] placed in a location that obstructs the view of traffic signs,
traffic signals, oncoming traffic, pedestrians, or in any way interferes with the
placement or function of any traffic control device as determined by the appropriate transportation jurisdiction is prohibited.

D. Unsafe Sign
[Any] A sign determined by DPS to create a safety hazard due to structural or
electrical conditions, or by reason of inadequate maintenance, [must not be
erected or retained. Any unsafe sign] must be repaired to meet safety requirements or removed [no later than] within 30 days after notice of the unsafe
condition.

E. Moved by the Wind

[Except if] Unless approved as part of a sign concept plan for an optional method
development project [within] located in an urban renewal area, placing a sign
in the form of a banner, pennant, streamer, ribbon, spinner, balloon, string of
lights, or other device that will move in the wind or be moved manually [must
not be placed] on a lot or parcel is prohibited, unless the sign satisfies [Sec.] Section 6.7.3 [[7.7.3]], Exempt Signs.

F. Sign in the Public Right-of-Way

[Signs] A sign in the right-of-way [are] is prohibited, except for the following:
1. [Any] A sign erected by a government agency or utility company in the performance of its public duties.
2. [Any] A sign erected by the appropriate transportation jurisdiction in its
right-of-way.
3. [Any] A permanent sign allowed to be located in the public right-of-way in
[this] Division 6.7 [[7.7]] [(Div. 7.7)], if:
a. [The] the sign is approved by the Sign Review Board; and
b. [The] the appropriate transportation jurisdiction issues a permit after
approving the structural adequacy, physical location, sight distance,
pedestrian access, and other safety characteristics of the sign.
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

4. A limited duration sign that satisfies [the requirements of this] Division 6.7
[[7.7]] [(Div. 7.7)].

Figure 1
A

5. A sign approved as part of a sign concept plan for an optional method development project [within] located in an urban renewal area.

SIGN
MESSAGE

G. Sign Attached to the Property of Others

C=Area of Sign
C=AB

A sign attached [or affixed] to a structure or property such as a fence, wall,

antenna, other sign, tree or other vegetation, or to any public structure such as a
utility pole, without permission of the owner is prohibited.

H. Abandoned [or Obsolete] Sign

A permanent sign, including the structural supports and electrical connections,
that was legally erected as a location sign, but the building has not been used for
6 months or more, is considered abandoned. A sign for a seasonal use is considered abandoned [or obsolete] only if the site remains unused for 12 months.

I. Off-Site Sign
[Off-site signs are] An off-site sign is prohibited.

Section 6.7.5. Measurements

The following standards are used to measure the area of a sign regulated by [this]
Division 6.7 [[7.7]] [(Div. 7.7)].

A. Generally

Figure 2

The sign area is the entire portion of the sign that can be enclosed within a
[single continuous] rectangle. The area includes the extreme limits of the letters,
figures, designs, and illumination, together with any material or color forming
an integral part of the background of the display or used to differentiate the sign
from the backdrop or structure against which it is placed (Figure 1).

B. Supports
The structure that supports a sign is excluded from the measurement of sign
area unless the structure is [designated and] used as an integral part of the
display. A support having a perimeter larger than 4 feet at the widest point, is an
integral part of the display.

C. Multiple Sections
The area of a sign that consists of more than one section includes the space between the sections, plus the measurement of the sections of the sign (Figure 2).
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SIGN
MESSAGE
B

SIGN
MESSAGE
C=Area of Sign
C=AB

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

D. Multiple Planes

Figure 3

The area of a sign with more than one face or plane, including a 3 dimensional
sign, is measured as follows:

1. Generally

Figure 4
A

All sides of a sign that can be seen at any one time from one vantage point
outside the property line of the site where the sign is located are included in
the [computation of] sign area (Figure 3).

2. Parallel Faces
Only the larger of 2 sides is measured if the sides are double faced or back
to back. The 2 planes must be parallel and less than 2 feet apart. For parallel
signs at least 2 feet [or greater] apart, the sum of all the planes or sides are
used [in the computation of] to determine the sign area (Figure 4).

Sign Area = (XY) + (AB)

Sign Area = AB if C<2

Sign Area = (AB) + (XY) if C2

Figure 5
5
0- 30

3. V Shaped
The area of a 2 sided sign constructed in the form of a V is calculated by
the same method as parallel faces if the angle of the V is less than 30
degrees and the maximum distance between the sides [does not exceed]
is 5 feet at any point. If the angle is equal to or greater than 30 degrees or
the distance between the sides is greater than 5 feet, the sum of all the
planes are used [in the computation of] to determine the sign area unless
the applicant demonstrates that only one side of the sign is visible from any
single vantage point outside the property line of the site (Figure 5).

S
S
I
I
G
G
N
N

31- 180

A
A
Sign Area = One Face
Sign Area = AB

4. 3 Dimensional
Where 3 dimensional signs are used, the area of the sign is the total surface
area of the sides that can be seen from a single vantage point outside the
property lines of the site where the sign is located (Figure 6).

>5

X
Sign Area = Total of Both Faces
Sign Area = (AB) + (XY)

Figure 6
Visible Sides Unfolded on a
Single Vertex Plane

A
Z

X
Z

A
D

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BASE

B
C

BASE

SIDE 1

SIDE 2

Sign Area = Side 1 + Side 2 + Base Area

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 6.7.6. Permanent Signs, In General

A permanent sign is one that is intended to remain posted indefinitely. A permit is
required to construct a permanent sign [must obtain a permit] and [may require] a
building permit or electrical permit may be required due to [its] the sign's physical
characteristics.

A. Sign Area
1. Unless otherwise provided in [this] Division 6.7 [[7.7]] [(Div. 7.7)], the maximum total sign area of all permanent signs on any lot or parcel [must not
exceed] is the maximum sign area allocated for the zone in which the sign is
located.
2. The maximum sign area for a [Any] sign on a lot or parcel within 150 feet of a
residential use [use must not exceed a sign area of] is 100 square feet.

B. Sign Placement
1. [Any setbacks] A setback is measured from the portion of the sign nearest to
the property line.
2. Height is measured from the portion of the sign which is vertically the farthest from the ground.
3. Unless otherwise provided in [this] Division 6.7 [[7.7]] [(Div. 7.7)], no portion
of a sign [must] may:
a. [Be] be erected in a manner that places the top of the sign more than 26
feet above the ground, except for a location sign erected that satisfies
[the standards in Sec.] Section 6.7.3.D [[7.7.3.D]];
b. [Extend] extend outside the property upon which it is erected, except for
properties with no building setback, or satisfying the standards in [Sec.]
Section 6.7.9.A.3 [[7.7.9.A.3]] for canopy signs; and
c. [Obstruct] obstruct any building aperture, such as a window, door, ventilation opening, or fire prevention device.

C. Building and Electrical Permits

[A] The applicant for a permanent sign [erected] under [this] Division 6.7 [[7.7]]
[(Div. 7.7)] must construct and maintain the sign in a manner that satisfies [sat-

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isfy] the building and construction requirements of Chapter 8 and the electrical
requirements of Chapter 17.

D. Color
1. A sign [must not use] that contains any color combination that may be confused with a traffic sign or signal is prohibited.
2. [In order for the] A sign back or non-display side of a sign must be a single
neutral color where visible from outside the property lines of the site or DPS
must include the sign back or non-display side of the sign as sign area [to be
excluded from consideration as sign area, it must be a single neutral color
where visible from outside the property lines of the site].

E. Illumination
When illumination of a sign is permitted, [it] the applicant must satisfy the following requirements:
1. An electrical permit must be obtained under Chapter 17;
2. Sign illumination must use an enclosed lamp design or indirect lighting from
a shielded source [in a manner that prevents glare from beyond the property
line] and be 0.5 footcandles or less at the property line if the subject property abuts a property that is improved with a residential use in any zone or is
vacant in a Residential zone;
3. A sign illuminated in a pattern or lighting combination that resembles a traffic signal is prohibited;
4. A sign illuminated by flashing, revolving or intermittent lights, or lights of
changing intensity is prohibited; and
5. [Any] A sign on a lot or parcel within 150 feet of a residential use must be
illuminated only during the hours the entity is open for public business, unless the applicant demonstrates that the sign is located so that no adverse
impact will affect the residential use.

F. Structural Limitations
The applicant for a [A] sign must construct and maintain the sign in a manner
that satisfies [satisfy] the following structural requirements[.]:

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1. A sign shaped like a traffic sign or traffic signal, or that uses wording similar
to traffic signals, or interferes with traffic safety is prohibited.
2. A sign must be a geometric shape; a sign shaped to resemble any human or
animal form is prohibited.
3. A sign activated by wind is prohibited.
4. A sign with moving parts is prohibited.
5. [Signs] A sign that [have] has characters that are changed manually or
electronically must not be changed more than once each day. This includes
a sign that gives the appearance or illusion of movement for a written or
printed message. A sign that displays the number of available parking spaces
is exempt from this requirement.

G. Historic Preservation Area

The applicant for a [A] sign erected in an historic preservation area must construct and maintain the sign in a manner that satisfies [satisfy] the following
criteria:
1. DPS must verify that the historic site or area is designated in the Montgomery County Master Plan for Historic Preservation.
2. [Before considering a sign permit application,] DPS must verify that the applicant has received [a] an historic area work permit under the provisions of
Chapter 24A before considering a sign permit application for a sign located
on an historic resource.
3. DPS must consider the following information in issuing a sign permit:
a. Size, shape, color, lettering, and location of the sign; and
b. Compatibility of the sign with the surrounding property, other signs in
the area, and the historic nature of the area.

H. Permanent Sign Standards By Zone

[In addition to the general design elements and limitations, the following requirements apply in the zones specified. Any] The applicant for a permanent sign
not listed as allowed in a specific zone or that does not satisfy [the requirements
listed in this] Section 6.7.6 [[7.7.6]] [(Sec. 7.7.6)] or the applicable zone must
obtain a variance from the Sign Review Board [DPS].

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Section 6.7.7. Agricultural and Rural Residential Zones

A. Base Sign Area
The maximum total area of all permanent signs on a lot or parcel in the Agricultural and Rural Residential zones [must be] is 200 square feet [or less], excluding
the additional area allowed by other provisions of [this] Division 6.7 [[7.7]] [(Div.
7.7)].

1. Freestanding Sign
a. One freestanding sign may be erected at each building or driveway
entrance.
b. The maximum sign area [must not exceed] is 40 square feet.
c. The [sign must be set back a] minimum setback for a sign is [of] 10 feet
from the property line.
d. The maximum height of a sign [must not exceed] is 10 feet [in height].
e. Illumination is prohibited.

2. Wall Sign
a. One wall sign is allowed.
b. The maximum sign area [must not exceed] is 40 square feet.
c. The sign [must not] may be placed [more than] up to 26 feet above the
ground.
d. Illumination is prohibited.

B. Additional Sign Area

In addition to the 200 square feet of total sign area, an additional location sign
is allowed for a lot or parcel larger than 5 acres, if it meets the following requirements:
1. One entrance sign is allowed at each entrance to the lot or parcel.
2. The maximum sign area [must not exceed] is 40 square feet.
3. The [sign must be set back a] minimum setback for a sign is [of] 10 feet from
the property line
4. The maximum height of a sign [must not exceed] is 26 feet [in height].

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5. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

Section 6.7.8. Residential Zones

A. Base Sign Area
The maximum total area of all permanent signs on a lot or parcel in a Residential zone [must not exceed] is 2 square feet, unless additional area is permitted
under [this] Division 6.7. [[7.7.]]

1. Freestanding Sign
a. One freestanding sign is allowed.
b. The [sign must be set back a] minimum setback for a sign is [of] 5 feet
from the property line.
c. The maximum height of the sign is 5 feet.
d. Illumination is prohibited.

2. Wall Sign
a. One wall sign is allowed.
b. The sign [can] may be placed a maximum of 5 feet above the ground.
c. Illumination is prohibited.

B. Additional Sign Area

1. Subdivision and [Multifamily] Multi-Unit Development Location Sign
Additional sign area is allowed for a permanent location sign erected at any
entrance to a subdivision or [multifamily] Multi-Unit development if the
sign is a ground sign or wall sign located at an entrance to the subdivision or
building.
a. 2 signs are allowed for each entrance.
b. The maximum sign area [must not exceed] is 40 square feet per sign.
c. If the driveway entrance to the subdivision or development is located in
the right-of-way, a revocable permit issued jointly by the Sign Review
Board and the appropriate transportation jurisdiction must be obtained
to erect the sign.
d. The maximum height of a sign [must not exceed] is 26 feet [in height].
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e. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

2. Place of Assembly Location Sign

Additional sign area is allowed for a permanent location sign for any place
of worship, school, library, museum, hospital, or any other publicly owned
facility. The sign must be a ground sign or a wall sign located at an entrance
to the building or driveway.
a. 2 signs are allowed at each entrance.
b. The maximum sign area [must not exceed] is 40 square feet.
c. The [sign must be set back a] minimum setback for a sign is [of] 5 feet
from the property line, or, if the driveway entrance to the subdivision is
located in the right-of-way, a revocable permit issued jointly by the Sign
Review Board and the appropriate transportation jurisdiction must be
obtained to erect the sign.
d. [i.] The maximum height of a sign [must not exceed] is 26 feet [in height].
e. [ii.] The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

Section 6.7.9. Commercial/Residential, Employment, and

Industrial Zones
A. Base Sign Area
The maximum total area of all permanent signs on a lot or parcel in a Commercial/Residential, Employment, or Industrial zone [must not exceed] is 800 square
feet, excluding the additional area allowed by other provisions of [this] Division
6.7 [[7.7]] [(Div. 7.7)], without submitting a sign concept plan to DPS. The maximum sign area for an individual sign in these zones is 200 square feet.

1. Freestanding Sign
a. One sign is allowed at each customer entrance to the building or driveway.
b. The maximum sign area for a lot or parcel is 2 square feet for each linear
foot of frontage.
i.

Where a lot or parcel has frontage on more than one street, signs
may be erected facing each street, or may be erected at a location

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which allows it to be seen along each street on which the site has
frontage.
ii. For a lot that has less than 50 feet of frontage, the sign area is based
on the length of the lot line closest to the street toward which the
sign is to be oriented. The applicant is restricted to using only one
street and the property line closest to that street.
c. A sign must be set back at least of the distance required for the building setback for the zone.
d. The maximum height of the sign is the height of the tallest building on
the same premises as the sign or 26 feet above the ground, whichever is
less.
e. The sign may be illuminated (see 6.7.6.E [[7.7.6.E]]).

2. Wall Sign
a. One sign is allowed for each customer entrance. A customer entrance includes, but is not limited to, a direct outside entrance to a shop or store,
and a direct outside entrance to an enclosed mall or shopping center.
b. The maximum sign area is 2 square feet for each linear foot of building
frontage. Building frontage is the side of a building that abuts, parallels,
or is nearest to parallel with, a street, a parking area, or other circulation area open to the general public and that has either a main window
display or a public entrance to the building. A shop or store with an
outside entrance is considered to have its own building frontage, which
is the front width of the portion of the building occupied for that use. [A
dimension must not be counted more than once as a building frontage.]
c. A sign or supporting structure of a flat wall sign must [not] extend [more
than] 12 inches or less from the wall.
d. A projecting wall sign may project 42 inches from the building, but not
closer than 8 feet to a curb line. The sign [must not] may project over a
public right-of-way [except] only where there is no building setback.

i.

[The] A sign [must not extend] that extends above any portion of
the roof or [be placed upon] that is placed on any roof surface is
prohibited;

ii. A sign that projects over a public right-of-way or public ingress or

egress must have a minimum clearance above the ground of 10 feet
for a sign that projects over a pedestrian walkway and 18 feet for a
sign that projects over a street or driveway.
f. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

3. Canopy Sign
a. The maximum canopy sign area is 2 square feet for each linear foot of
building frontage, not to exceed 200 square feet. Building frontage is
the side of a building that abuts, parallels, or is nearest to parallel with,
a street, a parking area, or other circulation area open to the general
public and that has either a main window display or a public entrance to
the building. Excluding lighting internal to the canopy which has the sole
purpose of lighting the customer area for service or safety, the sign area
of an illuminated canopy sign is [calculated as a] the total illuminated
surface area that can be seen at any one time from one vantage point
outside the property lines of the property where the sign is located.
b. The location of a canopy sign is determined by the building permit requirements for the canopy. If no building permit is required, the location
requirements are the same as that of a freestanding sign.
c. The height of the sign is determined by the building permit requirements for the canopy and [must not exceed] is a maximum of 26 feet [in
height]. If no building permit is required, the height limits are the same
as those of a projecting wall sign.
d. A canopy sign that includes only the name of the business, the address or
the official logo of the occupant is a location sign.
e. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

e. The maximum height of a sign [must not exceed] is 26 feet [in height]
and must meet the following standards:

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B. Additional Sign Area

1. Location Sign
Additional sign area is allowed for a permanent location sign erected at
an entrance to a building or a development if the sign is a ground sign or
flat wall sign located at the entrance. The sign must meet the following
requirements:
a. A sign may be placed on each face of the building that abuts, parallels,
or is nearest to parallel with, a street, a parking area, or other circulation
area open to the general public and that has either a main window display or a public entrance to the building, and at each customer entrance
to the building and parking area.
b. The maximum sign area [must not exceed] is 100 square feet for each
sign.
c. The location is the same as provided generally for the zone based on
the type of sign. A location sign erected as a ground sign must [meet]
satisfy the setback restrictions for a freestanding sign, and a location sign
erected as a wall sign must satisfy the requirements for a wall sign.
d. The sign may be placed on a wall more than 26 feet from the ground if it
is at least 10 feet below the eave or parapet and at least 10 feet from the
corner of the building.
e. An entrance sign that is a freestanding location sign must [not] be placed
[within] a minimum of 100 feet [of] from another freestanding sign. A
wall location sign at an entrance must [not] be placed [within] a minimum of 30 feet [of] from another wall sign.
f. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

2. Freestanding Sign for Sites Larger than 5 Acres

Additional sign area is allowed for a freestanding sign erected at any
driveway entrance to an industrial or commercial center that is larger than 5
acres. The sign must meet the following requirements:

c. A sign must be set back at least of the distance required for the building [restriction] setback [as determined by the Zoning ordinance] for the
zone.
d. [A] The maximum height of a sign [must not exceed] is 26 feet [in
height].
e. Each sign or pair of signs must be placed [at least] a minimum of 200 feet
from another sign or pair of signs.
f. The sign may be illuminated (see [Sec.] Section 6.7.6.E [[7.7.6.E]]).

Section 6.7.10. Urban Renewal Areas

A. [Any] A permanent sign located in an approved urban renewal area as part of an
optional method development project need not satisfy the Design Elements and
Limitations of [this] Division 6.7 [[7.7]] [(Div. 7.7)] where the Sign Review Board
approves the sign as part of a sign concept plan.
B. Before approving any sign concept plan under [this] Section 6.7.10 [[7.7.11]], the
Sign Review Board must hold a public hearing on the sign concept plan in the
urban renewal area, after giving 30 days notice and verifying that the applicant
has [complied with] satisfied all applicable variance notice requirements.

Section 6.7.11. Limited Duration Signs

A. Permit Requirements
1. A permit is not required for a limited duration sign on private property. A
permit application must be [filed] approved for each sign to be placed in the
public right-of-way.
2. When a permit is required, a limited duration sign must satisfy the following
provisions:
a. The sign must [not] be constructed in a manner that does not require
[requires] a building or electrical permit.

a. 2 signs per customer entrance are allowed.

b. Each sign approved by a permit must display and have affixed to the sign
information in a format as required by DPS, including the date of expiration of the permit.

b. The maximum sign area [must not exceed] is 200 square feet per sign.

c. A permit is issued for one year and may be renewed annually.

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d. A limited duration sign is allowed in any zone.

e. A limited duration sign may be relocated upon approval by the DPS.

B. Permit Applications
1. One sign is allowed per permit. An applicant may request up to a maximum
of 4 permits [per applicant]. DPS may consider each business location as a
separate applicant; however the sign placement must not create a proliferation of signs in that right-of-way, and the applicant may not have the ability
to use a permanent sign in lieu of a limited duration sign. Multiple signs that
are similar will not receive a permit for the same location within the right-ofway.
2. An application for a [limitation] limited duration sign permit must include:
a. A description of the sign indicating the [number], size, shape, dimensions, and colors of the [signs] sign, and the time and day of the week
during which the sign will be displayed;
b. A drawing of the site or a schematic of the area showing the proposed
location of the sign in relation to nearby buildings and streets; [and]
c. The number of signs on the site; and
d. [c.] Other information required by [the] DPS to confirm the limited duration sign satisfies [ensure compliance with this] Division 6.7 [[7.7]][(Div.
7.7)] and other Sections of the Chapter.

C. General Requirements for Limited Duration Signs on Private Property

1. The number of signs, area and placement restrictions allowed are the same
as for a temporary sign in the zone in which the sign is erected; however, in
Residential zones, the maximum [total] sign area of all limited duration signs
on a lot or parcel is [must not exceed] 10 square feet.
2. [Any] A sign erected on private property must have the written permission of
the property owner.

D. Requirements for Limited Duration Sign in the Public Right-of-Way

1. The maximum sign area for each sign [must not exceed] is 5 square feet.
2. A sign must not be placed on a paved section of the right-of-way, such as

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a sidewalk, bikeway, driveway apron, emergency lane, or any part of the

roadway.
3. [The sign] A sign must be placed [at least] a minimum of 50 feet from any
driveway, entrance, or traffic control signal, and [at least] a minimum of 5
feet from any other limited duration sign within the public right-of-way.
4. [The sign] A sign must be placed [at least] a minimum of 100 feet from a
street intersection.
5. The nearest edge of a sign must be a minimum of 2 feet from a curb or, if no
curb exists, a minimum of 6 feet from the edge of the roadway or street.
6. [The sign] A sign must not be placed on a median strip or highway divider. [If
DPS determines that a previously approved location could be a safety risk,
DPS may provide assistance in finding a replacement site.]
7. The maximum height of the sign is 30 inches above the ground.
8. [The sign] A sign must have its own means of support which is affixed to the
ground. The sign installer or permit holder is responsible for satisfying utility
restrictions for excavating or driving a support into the ground.
9. [The signs] A sign must be erected either only on weekends and National
Holidays; or for [no more than] a maximum of 14 consecutive days during
any 6-month period.

Section 6.7.12. Temporary Signs

A. Generally
A permit is not required for a temporary sign and [there is no limit to] the number of temporary signs that may be displayed is not limited.
1. The sign area of a temporary sign is determined by the zone in which the
sign is placed, and is in addition to the area allowed for a permanent sign
or a limited duration sign. All other aspects of the sign, such as location and
height, must satisfy the standards for a permanent sign in the zone.
2. The date of erection of a temporary sign must be written in indelible ink on
the lower right corner of the sign. [The absence of] A sign without this information [makes the sign] is a permanent or limited duration sign under [this]
Division 6.7 [[7.7]] [(Div. 7.7)].

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B. Requirements by Zone
The following requirements apply in the zones specified:

1. Agricultural and Rural Residential Zones

The maximum sign area of each temporary sign [must not exceed] is 40
square feet and the total sign area [must not exceed] is 100 square feet.

2. Residential Zones
The maximum total [Total] sign area [must not exceed] is 10 square feet;
however, the maximum total sign area at any place of assembly [must not
exceed] is 50 square feet.

3. Commercial/Residential, Employment, and Industrial Zones

a. The maximum sign area of each sign is 50 square feet and the maximum
total sign area [must not exceed] is 100 square feet.
b. Temporary window signs must satisfy the following additional requirements:
i.

The maximum total area of temporary window signs [must not exceed] is 20% of the window glass area for each side of the building,
minus the area of any permanent window signs.

ii. Signs may be placed in any window if they satisfy the general rules
of sign placement [stated in Sec.] under Section 6.7.6.B. [[7.7.6.B.]]
iii. The sign may be illuminated.

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Division 6.8. Alternative Compliance

Section 6.8.1. Alternative Method of Compliance
The applicable deciding body may approve an alternative method of compliance
with any requirement of Division 6.1 [[7.1]] through Division 6.6 [[7.6]] if it determines there are unique site or development constraints, such as grade, visibility,
an existing building or structure, an easement, a utility line, or use restrictions that
preclude safe or efficient development under the requirements of the applicable
Division and the alternative design will:
A. satisfy the intent of the applicable Division;
B. modify the applicable functional results or performance standards the minimal
amount necessary to accommodate the constraints;
C. provide necessary mitigation alleviating any adverse impacts; and
D. be in the public interest.

656

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d